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HomeMy WebLinkAbout10132025 City Council PacketSeward City Council Agenda Packet Photo by Kris Peck Monday, October 13, 2025 City Council Chambers Beginning at 7:00 p.m. 1963 1965 2005 kintual All-Amenca City 1 I I.. The City of Seward, Alaska CITY COUNCIL MEETING AGENDA City Council Chambers, 410 Adams Street Please silence all cell phones and devices during the meeting Mayor Sue McClure Vice Mayor John Osenga Council Member Randy Wells Council Member Kevin Finch Council Member Robert Barnwell Council Member Julie Crites Council Member Casie Warner City Manager Kat Sorensen Deputy City Manager Jason Bickling City Clerk Kris Peck City Attorney Sam Severin Monday, October 13, 2025 at 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. PROCLAMATIONS AND AWARDS — None 5. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING (Those who have signed in will be given the first opportunity to speak. Time is limited to 3 minutes per speaker and 36 minutes total time for this agenda item) 6. APPROVAL OF AGENDA AND CONSENT AGENDA (*Approval of Consent Agenda passes all items listed. Consent Agenda items are not considered separately unless a council member requests an item be moved to New Business) A. Minutes of Preceding Meeting 1) *Approval of the September 22, 2025 City Council Meeting Minutes 5 B. Introduction of Ordinances — None C. Resolutions 1) *Resolution 2025-099: Recommending Kenai Peninsula Borough Approval of the Revised Preliminary Plat of the Property Located at 3207 Sorrel Road, Creating Spring Creek Replat 10 7. IN -PERSON REPORTS AND PRESENTATIONS A. City Manager Report 24 B. City Clerk Report .39 C. City Attorney Report 40 City Council Meeting Agenda October 13, 2025 1 1 P a g e D. Other Reports and Announcements — None E. Presentations 1) City of Seward Information Technology Department 2) Project HOPE and Opioid Overdose Kits by Jessica Johnson 8. PUBLIC HEARINGS A. Ordinances for Enactment 1) Ordinance 2025-014: Amending Seward City Code §15.10.140 Definitions for Animal Shelter and Veterinary Hospital and § 15.10.226 Land Uses Allowed Table for Veterinary Hospital 42 2) Ordinance 2025-015: Amending Seward City Code Chapter § 15.20 — Signs 48 3) Ordinance 2025-016: Amending Seward City Code § 15.10.140 Definitions for Dwelling, Apartment, Commercial Building and Mixed -Use Development and Table §15.10.226 Land Uses Allowed for Dwelling, Apartment in a Commercial Building 66 B. Resolutions Requiring Public Hearing 1) Resolution 2025-096: Authorizing the City Manager to Enter into and Execute the Purchase and Sale Agreement and Related Documents for the Purchase of 2.7 Acres of Land, Physical Address 104 Benson Drive, Parcel 14502302, in the Amount of $580,000 and Appropriating Funds 73 2) Resolution 2025-097: Resolution of the City Council of the City of Seward, Alaska, Authorizing Amendment No. 4 to Cooperative Agreement and an Amendment to the Third Amended and Restated Agreement for Lease of Tract 2a, Waterfront Tracts and the Lease, Operation and Maintenance of the Alaska SeaLife Center 104 9. UNFINISHED BUSINESS — None 10. NEW BUSINESS A. Ordinances for Introduction — None B. Resolutions 1) Resolution 2025-098: Approving the Bargaining Agreement Between the City of Seward and the Seward Public Employees Association, Covering Terms and Conditions of Employment for All Members of the Collective Bargaining Unit, Effective January 1, 2026 and Ending December 31, 2028 117 City Council Meeting Agenda October 13, 2025 2 1 P a g e C. Other New Business 1) Certify the results of the October 7, 2025 Regular Municipal Election [Laydown] 2) Discuss adjustments to the regular City Council meetings in November and December .190 11. INFORMATIONAL ITEMS AND REPORTS A. Upcoming City Council Meetings 1) Regular Meeting on Monday, October 27, 2025 at 7:00 p.m. B. Other items 1) Letter from Warner regarding upcoming meeting attendance 191 2) Letter from Warner regarding context of Project HOPE presentation 192 3) Update from Mike Brittain and the Prince William Sound Regional Citizen's Advisory Council .193 4) Comprehensive Plan 2025 Survey Analysis .198 12. CITIZEN COMMENTS (There is no sign in for this comment period. Time is limited to five minutes per speaker) 13. COUNCIL AND ADMINISTRATION COMMENTS AND RESPONSES TO CITIZEN COMMENTS 14. EXECUTIVE SESSION — None 15. ADJOURNMENT City Council Meeting Agenda October 13, 2025 3 1 P a g e City of Seward, Alaska City Council Meeting Minutes September 22, 2025 Volume 43, Page CALL TO ORDER The Monday, September 22, 2025 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Sue McClure. OPENING CEREMONY Police Chief Louis Tiner led the Pledge of Allegiance. ROLL CALL There were present: Sue McClure, presiding, and John Osenga Kevin Finch Randy Wells Robert Barnwell Julie Crites Casie Warner comprising a quorum of the Council; and Kat Sorensen, City Manager Jason Bickling, Deputy City Manager Kris Peck, City Clerk Jodi Kurtz, Deputy City Clerk Excused — Finch Absent — None PROCLAMATIONS AND AWARDS The Proclamation for Fire Prevention Month was read by Sue McClure and accepted by Fire Chief Clinton Crites and Fire Marshal Tyler Mallory. The Proclamation for Sister City Exchange Students was read by John Osenga and accepted by the four Seward students and Julie Crites. 5 City of Seward, Alaska September 22, 2025 City Council Meeting Minutes Volume 43, Page CITIZEN COMMENTS ON ANY FOR PUBLIC HEARING SUBJECT EXCEPT THOSE ITEMS SCHEDULED Randy McFarland, outside city limits, spoke about the sign ordinance. He held up various examples of signs including horizontal signs that were painted directly on the pavement. He also mentioned how private businesses sometimes put up parking signs that affect public property. All of these signs should be installed only by city officials, and not private business owners. Lastly, McFarland wanted more clarification on snipe signs. Tim McDonald, inside city limits, spoke about confusion with electric utility rates and the utility itself. The electric utility was too valuable to be so vague. He spoke in support of a co-op electric utility. Rather than sell the electric utility, he hoped council would give the utility to a co-op. Amanda Sweeting, outside city limits, spoke on behalf of the Chamber of Commerce. She announced the lineup of upcoming chamber events. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Osenga/Wells) Approval of Agenda and Consent Agenda McClure requested that Resolution 2025-092 be moved to the consent agenda. There was no objection. Motion As Amended Passed Unanimous The clerk read the following approved consent agenda items: Approval of the September 8, 2025, City Council Meeting Minutes Introduction of Ordinance 2025-014: Amending Seward City Code § 15.10.140 Definitions for Animal Shelter and Veterinary Hospital and § 15.10.226 Land Uses Allowed Table for Veterinary Hospital Introduction of Ordinance 2025-015: Amending Seward City Code Chapter § 15.20 — Signs Introduction of Ordinance 2025-016: Amending Seward City Code § 15.10.140 Definitions for Dwelling, Apartment, Commercial Building and Mixed -Use Development and Table § 15.10.226 Land Uses Allowed for Dwelling, Apartment in a Commercial Building Resolution 2025-092: Authorizing the City Manager to Accept the Proposal with Globelink Telecom for Radio Tower Maintenance and Ladder Installation in the Amount of $34,500 and Appropriating Funds Resolution 2025-093: Authorizing the City Manager to Purchase Playground Equipment from Northwest Playgrounds in the Amount of $22,487 6 City of Seward, Alaska City Council Meeting Minutes September 22, 2025 Volume 43, Page Resolution 2025-094: Authorizing the City Manager to Accept and Appropriate Community Assistance Program Funds in the Amount of $192,239.30 for the Purpose of Capital Projects Related to Fire, Public Safety, and Road Maintenance Resolution 2025-095: Authorizing the City Manager to Accept Funds from the State of Alaska Division of Libraries, Archives & Museums Grant -in -Aid Program for the Seward Museum Exhibit Reader Rails Project Approval of the Canvass Board for the 2025 Regular Municipal Election IN -PERSON REPORTS AND PRESENTATIONS City Manager Report City Manager Kat Sorensen thanked city staff for doing an excellent job while she was on vacation. She thanked Jason Bickling for being the best Deputy City Manager. Sorensen explained Resolution 2025-095 in more detail and noted all the hard work that went into the grant application Lastly, Sorensen reminded everyone about the town hall meeting on the electric utility on September 29, 2025. There would also be a recap of the town hall meeting at the City Council Work Session on October 13, 2025. Wells applauded City Administration, Community Development and Planning & Zoning Commission for their work on Ordinance 2025-014 regarding the animal shelter and veterinary services. He also had follow up questions regarding winter utility rates, walkable mural paint, amendments to Ordinance 2025-016, and private business owners putting up signs that affect public parking. City Clerk Report City Clerk Kris Peck provided an update on the absentee in -person voting which had started today in City Council Chambers. Other Reports and Announcements — None Presentations Community Library & Museum Update by Director Jolanta Ryan Sister City Exchange Visit to Obihiro, Japan PUBLIC HEARINGS - None UNFINISHED BUSINESS - None 7 City of Seward, Alaska City Council Meeting Minutes September 22, 2025 Volume 43, Page NEW BUSINESS Other New Business Discuss Paving Priorities [sponsored by Council Member Warner] Warner said she brought this discussion item forward after hearing recent public comments about paving requests. She hoped to make a priority paving list. Council and City Administration discussed what could be done to authorize a list of paving priorities. Wells thanked Warner for bringing it forward and thanked the residents for the public comments. Osenga asked if paving could be added to the list of Legislative Priorities. Council directed City Administration to draft a paving priorities list for a future discussion item. INFORMATIONAL ITEMS AND REPORTS Upcoming City Council Meetings Work Session on Monday, October 13, 2025, at 5:30 p.m. Topic: Electric Utility update that highlights a town hall recap and infrastructure project update Regular Meeting on Monday, October 13, 2025, at 7:00 p.m. CITIZEN COMMENTS Randy McFarland, outside city limits, thanked the council for letting him speak. He gave a shout out to the City Clerk for his recent tribute to Ozzy Osbourne. McFarland spoke to various issues with the signage in the harbor that pertained to safety and parking. He hoped to see the parking fund become a cash -cow for the city. He would like to see the city work with the State of Alaska to combine bike paths to connect all the pathways along the Seward Highway. He was very concerned about safety of biking along the highway without a designated path. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Bickling wanted to mention the City Manager Report also included a GIS report from Selena Soto. These reports would be regular updates from here on out. Sorensen reminded everyone about the upcoming Town Hall meeting at the Rae Building. 8 City of Seward, Alaska City Council Meeting Minutes September 22, 2025 Volume 43, Page Warner thanked the public for speaking at the meeting tonight and sharing concerns with the council. She thanked Jolanta Ryan for the library presentation and was looking forward to the tea party. Crites thanked the Amanda Sweeting and the Jolanta Ryan for all the updates. She thanked the kids for presenting on the trip to Japan. Crites shared her experience as chaperone on the trip and said Japan was very clean, very polite, and very safe. Crites also shared her experience as a host family here in Seward for the visiting Japanese students. After traveling to Japan, she had a lot of new ideas about how to enhance their future visits in Seward. Barnwell recalled his own great experience traveling to Japan and commended the students for their bravery. He thanked City Administration for GIS report, thanked the public for the comments, and Randy McFarland for his ideas on parking and the bike path. Barnwell noted he missed the previous City Council meeting and had to watch it on YouTube. He thanked the City Clerk for the new camera angles and timestamps on the YouTube version. Wells reminded everyone that early voting has started and encouraged people to get out and vote. There were important ballot measures that could affect both how and when people vote. Osenga echoed the previous comment about voting. He thanked Jolanta Ryan for the library presentation. Osenga recalled his visit to Obihiro, Japan in the 1980s and the slideshow tonight brought back a lot of fun memories. McClure echoed previous comments. Both presentations were wonderful. It was a neat meeting despite not having a whole lot to vote on. She recommended people read the council packet for information on the consent agenda items. McClure encouraged people to vote and appreciated the early voting being available. Lastly, McClure noted there were a lot of events happening in town and people should never be bored. Sorensen gave a shout out to the Chamber of Commerce for their Seward.com/events page. ADJOURNMENT The meeting was adjourned at 8:21 p.m. Kris Peck Sue McClure City Clerk Mayor (City Seal) 9 RESOLUTION 2025-099 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA RECOMMENDING KENAI PENINSULA BOROUGH APPROVAL OF THE REVISED PRELIMINARY PLAT OF THE PROPERTY LOCATED AT 3207 SORREL ROAD, CREATING SPRING CREEK REPLAT Documents: • Agenda Statement • Resolution 2025-099 • Attachments: o Property Map o Preliminary Plat Application o Preliminary Plat Map 10 City Council Agenda Statement Meeting Date: October 13, 2025 To: City Council Through: Kat Sorensen, City Manager From: Daniel Meuninck, Community Development Director Subject: Resolution 2025-099: Recommending Kenai Peninsula Borough Approval of the Revised Preliminary Plat of the Property Located at 3207 Sorrel Road, Creating Spring Creek Replat Background and justification: Attached for the Council's review and recommendation to the Kenai Peninsula Borough Planning Commission is a revised preliminary plat submitted by AK Lands, Land Surveying LLC on behalf of the City of Seward. The original preliminary plat was approved by the City Council on February 10, 2025 through Resolution 2025-007. The platting action divided the current tract of land legally known as, That Point of Block 10, Excluding Lots 1 & 2, Fourth of July Creek Subdivision, SMIC into two tracts of land to be known as, Tract A & B, Block 10, Fourth of July Creek Subdivision, SMIC, Spring Creek Park Replat. It also vacated a 50-foot wide public access easement which provided access from Nash Road through the Spring Creek campground to the tidelands. Upon submitting the original preliminary plat to the Kenai Peninsula Borough, documented approval from the State of Alaska was required before the 50-foot public access easement could be vacated. When the land for the Seward Marine Industrial Center (SMIC) was platted in 1997, the plat vacated various public access easements that ran along the ordinary high-water mark. These easements had originally been established by State of Alaska Patent No. 5914 and shown on the Alaska State Land Survey plat 76-69. The Department of Natural Resources for the State of Alaska approved the vacation of the 50-foot public access easement along the ordinary high- water mark within the SMIC subdivision, but only in exchange for the establishment of two new public access easements through Tideland Patent No. 362, that would provide the public access to the tidelands at the north and south end of the SMIC subdivision. The State of Alaska has an application process to request permission to vacate an access easement that has been established by State patent; however, the State has expressed through initial conversations that they still have an interest in maintaining that public access easement. For this reason, and the subsequent denial of rezoning the Spring Creek Campground to Park on April 14, 2025, administration recommends maintaining the 50-foot public access easement through proposed Tract A (Spring Creek campground) at this time. Seward City Code § 16.01.015(A) states that "No preliminary or final plat for the subdivision or resubdivision of land located within the city limits shall be approved by the city unless all of the 11 required improvements set forth in section 16.05.010 are provided for by the subdivider, owner, proprietor or developer in the manner described in sections 16.05.015." The parcel has access to city water, sewer, and electrical lines adjacent to the property on the east. The parcel also has access to Nash Road. Thus, a subdivision agreement will not be required with this plat. On August 5, 2025, the Seward Planning and Zoning Commission approved Resolution 2025-024, recommending City Council and Kenai Peninsula Borough approval of the attached revised preliminary plat. All conditions required by Seward City Code § 16.01.015(C), Conditions to plat approval, were met. The property owners within 300 feet of the requested preliminary plat were notified of the proposed subdivision, and the property was posted with public notice signage. In accordance with City and Borough requirements, the Seward City Council must review and comment on a preliminary plat of city -owned land before submittal to the Borough for approval. Subdivision Review: Zoninj': The property is currently zoned Industrial (I). Size: Tract A will be 22.469 acres. Tract B will be 70.524 acres. Utilities: Both Tracts of land have access to city water, sewer, and electricity on the east side of the property. Existinji Use: Tract A is currently being used as a dry campground and parking area to access the Spring Creek beach. Tract B is used as a boat harbor, storage, and beach access to Fourth of July beach. Access: Tract A has access to Nash Road. Tract B has access to private roads such as Mustang Ave and Sorrel Road. Flood Zone: According to the Kenai Peninsula Borough Floodplain map, Tract A and B have portions of land located within the Seward Mapped Flood Data Area (SMFD) and FEMA flood zones D, AE, and VE. Any development within these areas would require a floodplain permit. Comprehensive and Strategic Plan Consistency Information NEM This legislation is consistent with (citation listed): Comprehensive Plan: Vol 1, Chapter 3.6.1 — Improve, expand and diversify year-round parks and recreational opportunities for residents and visitors. Vol 1, Chapter 3.6.1.1 • Identify, protect, and preserve scenic and natural areas for recreational enjoyment. • Continue to protect and preserve all city parks. 12 Strategic Plan: Other: N/A Total amount of funds listed in this legislation: This legislation (✓): Creates revenue in the amount of: Creates expenditure in amount of: Creates a savings in the amount of: Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted Not applicable $ 0 Fund Balance Information Affected Fund (✓): General Boat Harbor Motor Pool Available Fund Balance SMIC Parking Other Electric Water $ Wastewater Healthcare Note: amounts are unaudited Finance Director Signature: Yes Attorney Signature: /s/Rob Palmer Not applicable Comments: Administration Recommendation Adopt Resolution Other: 13 Sponsored by: Sorensen CITY OF SEWARD, ALASKA RESOLUTION 2025-099 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, RECOMMENDING KENAI PENINSULA BOROUGH APPROVAL OF THE REVISED PRELIMINARY PLAT OF THE PROPERTY LOCATED AT 3207 SORREL ROAD, CREATING SPRING CREEK REPLAT WHEREAS, AK Lands, Land Surveying LLC has submitted a revised preliminary plat on behalf of the City of Seward for review and recommendation to the Kenai Peninsula Borough; and WHEREAS, the parcel being subdivided is located at 3207 Sorrel Road; and WHEREAS, the current parcel is one tract of land comprising the tidelands and harbor to the west of SMIC, the Spring Creek campground / beach area, and the Fourth of July beach; and WHEREAS, the proposed plat will divide the single tract into two parcels, Tract A, which will encompass the Spring Creek campground, beach, and adjacent tidelands, and Tract B, which will comprise the remainder of land south of the Spring Creek campground down to the Fourth of July beach; and WHEREAS, the original plat was approved by the City Council on February 10, 2025, and included the vacation of a 50-foot wide public access easement providing access from Nash Road through the Spring Creek campground to the tidelands; and WHEREAS, this easement was established through Tideland Patent No. 362 by the State of Alaska in 1997; and WHEREAS, this easement, as well as a similar one to the south, were established to replace a 50-foot wide public access easement that ran along the ordinary high-water mark but was vacated with the creation of the Seward Marine Industrial Center; and WHEREAS, the State has expressed interest in maintaining the 50-foot wide public access easement through proposed Tract A (Spring Creek campground); and WHEREAS, the revised preliminary plat reflects these wishes, and does not vacate the 50- foot public access easement; and WHEREAS, the tract of land being subdivided is currently zoned Industrial (I); and WHEREAS, both Tracts of land have access to city water, sewer, and electricity on the east side of the property; and WHEREAS, a subdivision agreement will not be required with this plat; and 14 CITY OF SEWARD, ALASKA RESOLUTION 2025-099 WHEREAS, on August 5, 2025, the Seward Planning and Zoning Commission approved Resolution 2025-024, recommending City Council and Kenai Peninsula Borough approval of the attached revised preliminary plat; and WHEREAS, all conditions required by Seward City Code § 16.01.015, Conditions to plat approval, were met; the property owners within 300 feet of the requested replat were notified of the proposed subdivision, and the property was posted with public notice signage; and WHEREAS, the Seward City Council must review and comment on a preliminary plat of city -owned land before submittal to the Borough for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The Council hereby recommends that, in accordance with Seward City Code Section 16.01.015, the Kenai Peninsula Borough approve the submittal of the revised preliminary plat of Fourth of July Creek Subdivision, Seward Marine Industrial Center (SMIC), That Point of Block 10, Excluding Lots 1 & 2; Located at 3207 Sorrel Road; Creating Tract A & B, Block 10, Fourth of July Creek Subdivision, SMIC, Spring Creek Park Replat Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 13t1i day of October 2025. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Sue McClure, Mayor 15 Resolution 2025-099 Context Ma • Key Industrial Plat Boundary Proposed subdivision boundary a 400 feet Preliminary Plat Application Property Map RES 2025-0XX - Subdividing Fourth of July Creek Subdivision, Seward Marine Industrial Center, That Point of Block 10, Excluding Lots 1 & 2; Creating Tract A & B, Block 10, Fourth of July Creek Subdivision, Seward Marine Industrial Center, Spring Creek Replat Location: 3207 Sorrel Road Parcel #: 14534040 16 Resolution 2025-099 Community Development/ Planning & Zoning 410 Adams Street, Seward, Alaska 99664 •(907) 224-4049 • (907) 224-4020 or email: planning@cityofseward.net PRELIMINARY PLAT SUBMITTAL FORM ❑PRELIMINARY PLAT ❑✓ REVISED PRELIMINARY PLAT (no fee required) ▪ PHASED PRELIMINARY PLAT PRELIMINARY PLAT FOR PRIVATE STREETS / GATED SUBDIVISION All requirements of Seward Code Title 16 apply and must be met. SUBDIVISION PLAT NAME: must not include business names, contact staff for assistance if needed. Fourth of July Creek Subd., Seward Maine Industrial Center, Spring Creek Replat PROPERTY INFORMATION: legal description Block 10, Fourth of July Creek Sub., SMIC,Plat No. 97-27 Section, Township, Range Section 18, T1 S, R1E, S.M., AK. General area description Seward Marine Industrial Center City Seward Total Acreage 92.993 SURVEYOR Company: AK Lands Land Surveying Contact Person: Stacy Wessel Mailing Address: PO Box 110485 City, State, Zip Anchorage, AK 99511 Phone: (907) 744-LAND e-mail: stacy@aklands.com PROPOSED WASTEWATER AND WATER SUPPLY WASTEWATERn on siteliCity WATERnon site ❑✓ City SUBMITTAL REQUIREMENTS A preliminary plat application will be scheduled for the next available Planning and Zoning meeting after a complete application has been received. ['Electronic file of Plat and ▪ Preliminary plat NON-REFUNDABLE submittal fee $200.00- ['Certificate to plat for ALL parcels included in the subdivision ▪ Documentation showing proof of signatory authority (partnerships, corporations, estates, trusts, etc.) o Public Notice Sign(s) Posted on property - City staff will contact you to pick up sign EXCEPTIONS REQUESTED TO PLATTING CODE: A letter, to be presented to the Planning and Zoning commission, with substantial evidence justifying the requested exception and fully stating the grounds for the exception request, and the facts relied upon, MUST be attached to this submittal. 1. 2. 3. KPB 20.30.030(A) KPB 20.30.170 KPB 20.30.210 APPLICANT: SIGNATURES OF ALL LEGAL PROPERTY OWNERS ARE REQUIRED. Additional signature sheets can be attached. When signing on behalf of another individual, estate, corporation, LLC, partnership, etc., documentation is required to show authority of the individual(s) signing. Contact KPB staff for clarification if needed. OWNER(s) Name (printed): Stacy Wessel Signature: 5,Z , , / Phone: (907) 744-LAND e-mail: stacy@aklands.com Name (printed): Signature: Phone: e-mail: Name (printed): Signature: Phone: e-mail: FOR OFFICE USE ONLY RECEIVED BY DATE SUBjy1Iy-ED Receipt # Resolution 2025-099 The preliminary plat shall be drawn to scale of sufficient size to be clearly legible and shall clearly show the following: 1. Within the title block: Not applicable 10 my plat, The required information has been shown/noted. a. Name of the subdivision which shall not be the same as an existing city, town, tract, or subdivision of land in the borough, of which a plat has been previously recorded, or so nearly the same as to mislead the public or cause confusion; / b. Legal description, location, date, and total area in acres of the proposed subdivision; and c. Name and address of owner(s), as shown on the KPB records and the certificate to plat, and registered land surveyor; 2. North point; 3. The location, width and name of existing or platted streets and public ways, railroad rights -of -way, and other important features such as section lines or political subdivisions or municipal corporation boundaries abutting the subdivision; ✓ 4. A vicinity map, drawn to scale showing location of proposed subdivision, north arrow if different from plat orientation, township and range, section lines, roads, political boundaries, and prominent natural and manmade features, such as shorelines or streams; / ✓ 5. All parcels of land including those intended for private ownership and those to be dedicated for public use or reserved in the deeds for the use of all property owners in the proposed subdivision, together with the purposes, conditions, or limitations of reservations that could affect the subdivision; 6. The names and widths of public streets and alleys and easements, existing and proposed, within the subdivision; 7. Status of adjacent lands, including names of subdivisions, lot lines, block numbers, lot numbers, rights -of -way; or an indication that the adjacent land is not subdivided; ✓ 8. Approximate locations of areas subject to inundation, flooding, or storm water overflow, the line of ordinary high water, wetlands when adjacent to lakes or non -tidal streams, and the appropriate study which identifies a floodplain, if applicable; / t/ 9. Approximate locations of areas subject to tidal inundation and the mean high water line; 10. Block and lot numbering approximate dimensions and total numbers of proposed lots; 11. The approximate location of known existing municipal wastewater and water mains, and other utilities within the subdivision and immediately abutting thereto 12. Contours at suitable intervals when any roads are to be dedicated unless the planning director or commission finds evidence that road grades will not exceed 6 percent on arterial streets, and 10 percent on other streets; N/A 13. Approximate locations of slopes over 20 percent in grade and if contours are shown, the areas of the contours that exceed 20 percent grade shall be clearly labeled as such; N/A 14. Apparent encroachments, with a statement indicating how the encroachments will be resolved prior to final plat approval N/A N/A Subdivision Name: Date 18 AK LAN DS Lond Surveying — September 17, 2025 City of Seward City Council City Hall Building 410 Adams St. Seward, AK 99664 Resolution 2025-099 PO Box 110485 Anchorage, AK 99515 (907) 744-LAND aklands@aklands.com http://aklands.com Subject: Request for Exceptions to Regulations for Subdivision of Block 10, Fourth of July Creek Subdivision - SMIC, Spring Creek Replat Dear Members of the Seward City Council, The City of Seward is replatting within the Seward Marine Industrial Center (SMIC), which is situated on the eastern side of Resurrection Bay at the end of Nash Road, just six road miles from the city center. SMIC is a specialized heavy industrial area encompassing 0.15 square miles of coastal land, owned entirely by the City of Seward. It serves as a critical hub for maritime services, including full -service shipyards, maritime boat areas, and port facilities. The area is constantly evolving to meet the maritime needs of Alaska. The purpose of this letter is to request exceptions to Kenai Peninsula Borough (KPB) Code 20.30.030(A), 20.30.170, and 20.30.210. These exceptions are essential to facilitate important community enhancements and support ongoing industrial developments. Spring Creek Replat The replat involves subdividing Block 10, Fourth of July Creek Subdivision Seward Marine Industrial Center, Plat No. 97-27, into two lots, one of which encompasses the current Spring Creek Campground area. Currently, Block 10 encompasses 92.993 acres. The campground is located in the northern section of SMIC and is fronted by Nash Road, a 100-foot dedicated public right-of-way. The subdivision aims to divide Block 10 along an existing fence line, designating the campground area as Tract A, which will be 22.469 acres. This campground has historically been used by tourists and residents for camping and fishing. By creating a distinct parcel, the City intends to utilize this area independently to better serve public needs. The southern portion of the parcel, to be labeled Tract B, fronts Tract A4—a private service road —and will comprise the remaining 70.534 acres. Page 1 of 4 19 Resolution 2025-099 Exceptions Requested 1. Exception to KPB Code 20.30.030(A) - Proposed Street Layout Requirements and KPB Code 20.30.210 - Lots Access to Street KPB Code 20.30.030(A) states that streets provided on the plat must provide fee simple right-of-way dedications to the appropriate governmental entity. KPB Code 20.30.210 requires that each lot shall abut on a fee simple dedicated street except as provided by KPB 20.30.030(B). o Explanation: In the Spring Creek Replat, proposed Tract A fronts Nash Road, a fee simple dedicated right-of-way available for public use. However, Tract B, the southern remainder, does not front a dedicated right-of-way but fronts on Tract A4, a private 60-foot-wide tract developed as a service road serving SMIC's needs. The City wishes to retain control over this tract to manage access within SMIC, ensuring safety and operational efficiency. Justifications for Exception: 2. Special Circumstances or Conditions Affecting the Property • Controlled Industrial Access: SMIC's heavy industrial nature requires controlled access to ensure safety and security for operations and personnel. Introducing dedicated public rights -of -way could compromise these critical needs. • Unique Ownership Structure: The City owns all lands within the subdivision, including Tract A4, allowing for internal management of access without impacting public road systems. 3. Necessity for Preservation and Enjoyment of a Substantial Property Right • Operational Efficiency and Safety: Retaining private control over Tract A4 is essential for managing traffic flow, restricting unauthorized access, and maintaining safety protocols within the industrial area. ■ Practical Compliance: Granting these exceptions is the most practical way to comply with the intent of the KPB Code while addressing the unique requirements of an industrial maritime center. 4. No Detriment to Public Welfare or Injury to Other Property ■ Uninterrupted Access: All lots will continue to have access via Tract A4 or Sorrel Road, ensuring no lot is denied access. • Enhanced Public Amenities: Creating dedicated park and campground areas enhances public welfare by providing recreational spaces without impeding industrial operations. • Safety Considerations: Controlled access reduces the risk of accidents in heavy industrial zones, protecting both the public and industrial personnel. Page 2 of 4 20 Resolution 2025-099 2. Exception to KPB Code 20.30.170 - Block Length Requirements KPB Code 20.30.170 requires blocks to be not less than 330 feet nor more than 1,320 feet in length. o Explanation: The current block configuration and proposed subdivisions do not conform to these block length requirements due to the unique layout and ownership structure of the industrial area. All lands within the subdivision are owned by the City, and block lengths are dictated by existing industrial uses and geographic constraints. The block was originally subdivided in 1997. Justifications for Exception: 2. Special Circumstances or Conditions Affecting the Property • Geographic Constraints: The area's geography and existing industrial infrastructure make it impractical to conform to standard block length requirements. • Existing Industrial Uses: Operational needs of the industrial facilities require larger parcels for efficient functioning. 3. Necessity for Preservation and Enjoyment of a Substantial Property Right • Operational Efficiency: Strict adherence to block length requirements would disrupt existing industrial operations and hinder efficient land use. • Practical Compliance: Granting the exception allows the City to optimize land use while maintaining compliance with the overall intent of the code. 4. No Detriment to Public Welfare or Injury to Other Property • No Impact on Adjacent Properties: Since the City owns all surrounding land, there is no adverse effect on neighboring properties. • Public Benefit: The subdivision facilitates the creation of public amenities such as parks and campgrounds, enhancing community welfare. Additional Considerations • Compliance with Road Width Standards: Tract A4 has been established with a width of 60 feet, meeting KPB Code requirements for road dedication widths and ensuring adequate access dimensions. • Historical Precedent: The City has previously undertaken similar plats and replats within SMIC to meet evolving needs. These have been reviewed and approved by the Seward Planning and Zoning Commission and the Kenai Peninsula Borough, setting a precedent for the current request. Page 3 of 4 21 Resolution 2025-099 • Future Ownership Considerations: As the City is the sole owner of the lands within the subdivision and plans to retain ownership, the exceptions will not adversely affect future development or ownership transitions. Conclusion In light of the special circumstances and the unique configuration of SMIC—bounded by Resurrection Bay —the City of Seward respectfully requests that the Commission grant the exceptions to KPB Code 20.30.030(A), 20.30.210, and 20.30.170. These exceptions are necessary for the practical, safe, and efficient development of the area and align with the intent of the KPB Code without causing detriment to public welfare or adjacent properties and keeps the industrial area secure and operational. We appreciate your consideration of this request and are available to provide any additional information or answer any questions you may have. Sincerely, 5'-,7 02ezd_d Respectfully, AK Lands, Land Surveying by Stacy Wessel , Professional Land Surveyor Page 4 of 4 22 Resolution 2025-099 CERTIFICATE OF OWNERSHIP AND DEDICATION HEREBY CERTIFYTHAT DESCRIBED HEREONRANID THATI ON BEHALF OFRTHE AND GRANT ALL EASEMENTS TO THE USE SHOWN OWNER CITY OF SEWARD 410 S TREET CITY HALL BUILDING SEWARD AUTHORIZED OFFICIAL SIGNATURE DATE TITLE PRINTED NAME NOTARY'S ACKNOWLEDGMENT FOR ACKNOWLEDGED BEFORE ME THIS 2.024, NOTARY PUBLIC FOR A.. MY COMMISSION EXPIRES DAY OF CERTIFICATE OF ACCEPTANCE ND TDLE IS AUTHoxrzED FOR PUBLIC USES AND FOR PUBLIC PURPOSES THE REAL PROPERTY TO BE THE ACCEPTANCE OF LANDS FOR PUBLIC USE OR PUBLIC PURPOSE DOES NOT OBLIGATE THE PUBLIC OR ANY GOVERNING BODY TO CONSTRUCT, OPERATE, OR MAINTAIN IMPROVEMENTS. AUTHORIZED OFFICAL SIGNATURE DATE TITLE PRINTED NAME ene I% /PUSnaJF%/ (3 cuxvE luu`sl IM1a =. 1926,Vossw009 (EAST 121.531 (1.1B33PO7E 2s3.19' \`\ 16D' SPRING CREEK DRAINAGE ESMT. ISP PUBLIC ACCESS AND UTun'EMTI- _, ' PO' ACCESS ES- 892507E2o \\ senses SURVEYOR'S CERTIFICATE � Ott'° ^Jf- PLAT APPROVALSURVEYOR44HEREBY CERTIFY THAT IANA 3�` '49T� CO,,,,,a NATrHEMEETINGo ENAI PENINSULA BOROUGH PLANNING0DESCRIBED, AND THAT ALL DIMENSIONS AUTHORIZED OFFICAL SIGNATURE NARY LEGEND EEGOEDDERN,.200,22 �e0A ARE ELECTRIC NI IGLU POLE DQ anon PEDESTAL ELERPICALEFLINES16is1 LELEGOIANIGNITION UNESI6I37 GAS uNE,G,71 EBNER LINES9GIS SD SLORw INES,GIS, 5WWESER LINED EGO 7 I— zaJ II~ /u/aa w>-4 d m 4 BLS r w/ / 150'' PUBLIC ACE65 AND MILL, ESMO) ON ss o9 3 s.n'1 120' STORM WATER 007FALL ESM APPROXIMAT (SB9 2452 W 1340.52') ZONE VE 3 24 19 20 VICINITY MAP SCALE: 1" =1/2 MILE NOTES: AND1. THIS IS A PROPOSED PLATTING ACTION. NO BOUNDARY SURVEY HAS BEEN PERFORMED 2. NOT ALL SITE FEATURES ARE SHOWN WITHIN THE PROPOSED SUBDIVISION. UTILITY LINES ARE B.ED ON SMIC UTILITIES CAD DRAWING AND ARE APPROXIMATE. 3. 1+0,,TE1, BLOCK TALOCATION IS APPROXIMATE DUE TO LACK OF DIMENSION TIES PER 4. TRATEeCk‘1171'SDAPSE1TVICE ROAD ACCESS AND UTILITY E.EMENT. ACCESS RESTRICTED U.S. PATENT 50-81-0141 RECORDED., 1S, 1981AT BOOK 23 AND PAGE 765 AND AMENDMENTS THERETO AS SHOWN IN "NOTICE., RECORDED MAY 26. 1993. BOOK 6. THIS PROPER, IS SUBJECT TO RESERVATIONS AND EXCEPTIONS AS CONTAINED IN STATE OF A.KA PATENT 5914 RECORDED AUGUST 7, 1901 AT BOOK 23 PAGE 956 RESERVATIONS MAYD19,994, BOOK EXCEPTIONS 2 AGE 522, IN STATE OF ALASKA PATENT 362RECORDED ON PENINSULA BOROUGH PLANNING COMMISSION.. 9,1997 AND OTHER UNNAMED 12/5 AS PORTRAYED ON THE KM SURVEY PLAT OF 035/2aENT ALONG THE MEAN HIGH TIDE LINE OF C. PUBLIC RESURRECTION BAY DESCRIBED ON SURVEY PLAT OF ASLS 76-69. CO. S914 FOR U.S. SURVEY EASEMENT S0 FOOT ALONG THE RIBED WITHIN THE SMEAN HIGH WTATE OF ATER PATENT RMARK U E. ` SURVEY NO.49827 a WERE NOT FULLY DIMENSIONED L RR00701ML[NTs 00 oN WA AT OTE A0ISKn o PATTMENT of ENVIRONMENTAL CONSERVATION. 11. LOTS WITHIN THIS SUBDIVISION MAY BE LOCATED WITHIN A DESIGNATED FLOOD ERZECTF D IZIOTNo mnsrRURlonMmE AS, SPECIAL FLOOD HAZARD AREA SUBJECT TO INUNDATION BY E sss ANNUAL CHANCE FLOOD, IN THE FLOOD INSURANCE RATE MAP IDENTIFIED AS COMMUNIN PANEL NO 02122C5030E, WHICH BEARS AN EFFECTIVE DATE OF OCTOBER 20, 2016 NATIONAL FLOOD HAZARD LAYER Plat of FOURTH OF JULY CREEK SUBDIVISION SEWARD MARINE INDUSTRIAL CENTER SPRING CREEK REPLAT CREATING TRACT A A. TRACT B, BLOCK 10 CONTAINING 92.9,3 ACRES MORE. OR LESS A SUBDIVISION OF: BLOCK 10, FOURTH OF IDLY CREEK SUBDIVISION SEWARD MARINE INDUSTRIAL CENTER FILED UNDER PLAT NO.97-27 CITY OF SEWARD SEWARD RECORDING DISTRICT KENAI PENINSULA BOROUGH 4LANDS ✓E AK Lance, Lod Surveying LLT 13521 e Way Anebore 01I00do@ek1002,,om ImpAeklends.c „44LANo D.a:09„7025 Drawn: SMW Date orSurvey: N/A Sheer PM 1436 Meld Book. N. ICPB No. 23 Administration Work continues across the City despite some external challenges. Although the federal government is currently in shutdown status, our EPA grant work is still moving forward, and we are hopeful that there will be no long-term impacts to the project. We also had the opportunity to host our federal lobbyist here in Seward for an in -person check -in. The discussion included updates on several key federal projects, including the Lowell Creek Tunnel and continued planning for the Coast Guard property across the bay. These conversations help ensure that our community's priorities remain at the forefront of federal partners' attention. The end of September wrapped up with a very productive and engaging week. We hosted a Utility Town Hall to open dialogue with the community about the future of Seward's electric utility, and I also joined in events celebrating Entrepreneur Week, coordinated by the Seward Chamber of Commerce and the Small Business Development Center. Both events highlighted the energy and commitment of our residents and business community. We have also been dedicating significant time to completing the THIRA/SPR Survey in partnership with our Fire and Police Departments. This survey, required by the Alaska Department of Homeland Security and Emergency Management, measures our city's capacity to respond to a range of emergency situations in both the short and longterm. Completing it positions us to qualify for important funding streams through the Emergency Management Performance Grants and the State Homeland Security Program. Finally, we celebrated National Good Neighbor Day on September 28 with special events at the library. While it's always nice to recognize that day, I hope that spirit of kindness and community continues to be felt across Seward every day of the year. Community Development Planning and Zoning Commission The Commission will not have a quorum for their Tuesday, October 14th meeting and so that meeting has been cancelled. There was one quasi-judicial proceeding scheduled for the meeting that at the request of the applicant, has been moved to a Special Meeting that will occur the same evening as the Commission's October work session (October 21 St). That resolution is: 24 Resolution 2025-031 of the Planning and Zoning Commission of the City of Seward, Alaska, granting a conditional use permit to Philip Zimmerman to construct a 4-plex at 2009 Phoenix Road within a multi -family residential (R3) zoning district The October 21 st work session topic will be the Comprehensive Plan. Staff has compiled a presentation that will review data results from both the Comprehensive Plan surveys and spring town hall workshops and will be presenting that information at the upcoming work session. To summarize, the Commission will have a double header on Tuesday, October 215E 5:30pm — Work session topic: Comprehensive Plan 7:00pm — Special meeting: Resolution 2025-031 Comprehensive Plan Community Development staff has compiled a report showcasing the Comprehensive Plan survey results. That report is included in this packet and will be included in the above - mentioned Planning & Zoning Commission work session packet. Staff recently went to the Seward High School to solicit feedback from high school students on what they would like to see in the Comprehensive Plan. The students engaged in a city planning exercise and were asked questions related to their vision of Seward. The City is now accepting new Development Reimbursement Program (DRP) applications. The updated application along with the City Council Evaluation Rubric is included in this packet and can be found on the Community Development website: Application Forms Seward, AK To be clear, the DRP is still closed, however the City recently updated Code around the DRP to allow developers to submit applications while the program is closed to help the City understand the need within the Community. Applications should be submitted to the City Clerk's office. Qualified applicants will be eligible to present their proposal to City Council at a future Council work session. For those new to the DRP, the Developer Reimbursement Program is designed to encourage developers to extend public utilities —like water, sewer, and electricity —to undeveloped land within the city in an effort to promote housing development. When funds are available, the city may reimburse developers for up to 50% of the costs associated with these utility extensions. 25 Human Resources HR Manager Ashleigh Lipsey attended the Northwest Human Resources Management Association conference September 24-26. Ashleigh was able to connect with her HR colleagues from the Kenai Peninsula and Anchorage, and many other HR professionals from the Washington, Oregon, Alaska region. The conference had several topics that were of particular interest, including the appropriate use of AI in the workplace and addressing the leadership skills gap, particularly in new managers and leaders. A conference networking session also featured Sugpiat dancers and drummers in traditional garb. That was especially popular with attendees from the lower 48. Implementation of the NeoGov onboarding system is progressing on schedule. All new employee paperwork for full-time staff has been added the NeoGov platform, and paperwork for seasonal staff has begun. Finance Surplus Sale: The City's public surplus list will be released on October 6. Keep an eye out for details on available items. Utility Customer Service: Utility billing and customer service are now being handled back in house. For assistance, please call 907-224-4073 (Electric Utilities) or 907-224-4050 (Water Utilities). Professional Development: Our Finance Director recently attended an NWPPAtraining focused on the electric industry and advanced work orders —helping us stay up to date and better serve the community. As required by the Seward Municipal Code 6.05.010, the following purchase orders between $5,000 and $30,000 has been approved by the City Manager since the last council meeting: Department Order Date Vendor Description Amount ELECTRICADMIN 9f18/2025 3TIERALASKA CAPITAL INC Mt. Marathon Hydro Permitting 22,980.00 ROADS AND STREETS 10/02/2025 NORTHSTAR SUPPLY,LLC Street-51000 LES salt for winter 12,200.00 Public Works It is the fall time of the year again and time for storing our summer things away for the winter. The Street Department is out doing the same. 26 We are also asking residents to please remove b-ball hoops, vehicles, etc from the alleys and road rights -of -way. Snow removal efforts require plowing to the edges in the alleys and in the ditches of road ROWs. Obstacles left out of your property lines slow the plows and increase the chance of damaging those items or city equipment. The City of Seward - Public works Street Department stopped by: If you have any questions, please contact: 907.224-4005 During normal business hours. 907-224-3338 STREET DEPARTMENT uGm..0 You bevy haw lam..achmnn,. in Om y w ennertem. bed eel. ma P.O., 9h Of Army ❑ RPM_p-Wor N.immonw Area w nee wni ❑ anolrcoe- awis^exn..im.enn PuNK ie.waIF [] P.rGry[ode ixmms [leeWof snow.na iee o Per c1.rc.a. ePeuo, e...M', If you receive one of these door hangers at your residence it means, there is an obstacle in the road or alley. Please review the door hanger and feel free to call with any questions. Thank you for your help to improve snow plowing and reduce damage in our winter activities. Electric Department James Unrein Receives Prestigious Award The Electric Department is proud to share that James Unrein has received the Hatcher- Williams-Turkington Award from the Alaska Power Association. This is the most distinguished award an electric utility employee can receive in Alaska. James was honored for his dedication to the Seward Electric Department and his outstanding commitment to serving our community. Record Year for New Electric Services Our line crew continues to work diligently to meet the high demand for new electric services. Year-to-date, we have received a record number of service requests. We would like to thank our Field Engineer and Line Crew for their hard work and dedication in ensuring these projects are completed for our customers. Marathon Hydro Project Progress Work is moving forward on the Marathon Hydro Project. Trail maintenance on the Jeep Trail is scheduled to begin the week of October 6th, requiring a temporary closure for several 27 days. We are still awaiting permits to begin reservoir work, but we remain hopeful that some maintenance and preparation can be completed prior to freeze-up, which will allow upgrades to continue inside the plant throughout the winter months. Alaska Power Association Annual Meeting James Unrein and Taylor Crocker represented the Seward Electric Department at the Alaska Power Association Annual Meeting in Cordova. In addition to participating in the meeting, they toured Cordova's hydro facilities and their black start diesel plant. Cordova is leading several innovative initiatives —including workforce development, hydro projects, data center integration, and advanced technology testing with heat pumps —that Seward hopes to learn from and adapt locally. Harbor/ SMIC Harbor No major incidents have been reported within the Harbor area. There are currently two openings on PACAB. This is a great opportunity to dip your toe into volunteering with a small, manageable commitment. Fall of 2025 is a great time to get involved. The rain has been steady, and it will continue for the next foreseeable future. We would like to remind our users to do a running system check on their vessels. The 50-ton lift schedule has been active but slowing down for the season, but we encourage our users to call as soon as possible for yard space. The 50-ton Travelift saw 51 lifts for the month of August. Status on leases - AT&T lease renewal — first draft is still under their review, Jag lease extension — is under review and will bring before SCC as soon as possible, and the two new leases within SMIC area will be revisited after the fishing season. The office is now on winter hours of operation and will be closed Sunday. Seasonal water on the floats, sewer pump out station and restrooms have been winterized for the season and will reopen May 2026. Potable water will continue to be available on F and Z float and at the top of F - Float gangway, Sewer pump out station on Z float will be in operation for the winter and the Harbormaster and Upland Restrooms will remain open. 28 SMIC No major issues have been reported within the SMIC area. North Dock is slowing down with barge activity with only a couple more scheduled for the fall season. The 300-ton Travelift saw 20 lifts in total for the month of July. The 300-ton lift schedule has been steady too but slowing down but we still encourage our users to call as soon as possible and allow enough time to complete the necessary paperwork. Fire Department Emergency Responses for the Year 2025: 472 Fire and Life Safety Inspections 2025: 425 Fire & Life Safety Code Violations 2025: 296 Building permits YTD: 66 with a valuation of $39,634,588.26 The Fire Department along with other first response agencies, participated in the Touch -a - Truck event which was fun for all. Twelve firefighters representing seven agencies tested out of Firefighter II Class September 19th and 21st. The evening of Monday September 29th kicked off the beginning of EMT II Class. The Fire Explorer Program has now been active for over one year and the Explorer Post Command has been developed with Captain, Purser and Scribe positions to allow youth to gain experience in leadership rolls. Police Department Police Department Statistics YTD* PATROL Written Reports: 362 Criminal Charges: 139 Minor Offense Citations: 808 Motor Vehicle Accidents: 16 DISPATCH 29 Event/Incident/Service Calls: 4741 911 Calls: 878 ANIMAL CONTROL Complaints: 67 Impounds: 20 Surrenders: 36 Dogs, 29 Cats Adoptions: 55 Volunteers: 71 Sent to Rescue: 10 Canines Medical Assist : 12 Total Shelter Animals: 11 Cats, 4 dogs, 2 dogs in foster care, 1 cat in foster care DMV Driver License and Identification Cards: 120 Motor Vehicle Registrations: 252 Boat Registrations: 4 Road Tests: 12 GENERAL INFORMATION POLICE 2 Patrol Vehicles Ordered October is National Crime Prevention Month • Sept 27t" Kick Off • Oct 3rd Home Safety Week • Oct 10' Anti -Counterfeiting Week • Oct 18' Public Health and Safety Week • Oct. 25' Community and Law Enforcement Relations Week Seward Cares For Its Bears (Season Awareness) As we enjoy the beautiful Fall colors and the shift in seasons, it is a great reminder to continue communicating about bear safety, bear awareness and keeping things buttoned up at home and around town. Participation in Touch A Truck Event Deputy Chief Schaefermeyer had an opportunity to participate and demonstrate some features of the department drone. Interviewed 2 applicants for Patrol Officer Position with 2 more applicants scheduled. Officer accepted to attend Alaska Police Standards Council Re-Cert Academy DISPATCH Fire -Police -Medical Emergencies Dial 911 DMV 30 Possible Limited Hours of Service 10/3-17. Please call (907)224-4037 to confirm hours. Seward Animal Shelter The Seward Animal Shelter was at touch a truck on 9/27 There was a 1 yr pup party on 9/27 for one of the litters of puppies. The Soldatna clinic was held on 9/24 and they plan to come over once a month during the winter. Parks and Recreation Sports & Recreation: The first installment of Arts and Crafts with Mel wrapped up this month. The last two classes for this month were woodburning and an incredible performance by Mel Sanders acting as the late and great Bob Ross. Eighteen participants painted with 'Bob' as he expertly led them through painting a landscape painting depicting a beautiful pond underneath snow-capped mountains. We held our second Racquetball Time -Trial -Tournament in anticipation of the oncoming racquetball leagues in October. During this tournament, 7 participants battled it out in a full round robin style tournament to fight for victory. Players got 10 minutes to score as many points as possible, and the competitor with the most points at the end of all the matches wins! For the second time in a row, Recreation Manager Russ White took the gold home after several exhausting games. Youth Workout Classes with Ryan Bringhurst concluded on September 25th. Ryan guided 5 teenagers in his course on Athletic Performance over the course of 6 weeks to develop fitness, agility and strength. We look forward to hosting more of these in the future. The Local Photography Contest is back for its 3rd year! Participants can sign up at sewardparksandrecreation.com during the entire month of October. The link to submit your photos is on the receipt after you register for the activity. Once all the photos are submitted, we will send them off to our panel of judges for voting and will then host a celebration at Resurrect Art Coffee House Gallery on Friday, November 21 st. Get your photos in today! We are officially back to the busy season in AVTEC Gym! We are happy to have a bustling community to serve, as we saw over a 60% increase in scan -ins during the month of September. 31 Halloween events: Pumpkin Prowl at Forest Acres Campground will be held Sat, Oct 25th @ 11 am. And the Halloween Carnival will be held at the AVTEC Gym 5 to 8pm on Halloween night. Teen Rec Room: October was a transformative month for the Teen Rec Room. While the month of August saw roughly 100 visits, the month of September saw more than 300 visits. With this new wave of attendance, we are finding our footing and refining what we have. Over the past two weeks, the TRR has seen 147 visits, with over 238 hours of total use. This influx of kiddos has brought an influx of energy and excitement to the Teen Room. In September, we rolled out a number of new programs including Karaoke night, Dungeons and Dragons night, and Bonfire Night. We created the Teen Council, and began our "Somebody Cares News" show. Now we are perfecting and refining these programs as more and more kiddos sign up for the Teen Room. After a meeting with the Seward Prevention Coalition, we decided to offer rewards for limiting phone use while at the Teen Room. We decided to encourage the kids to be present and form connections by turning in their phones for "Teen Room Points". These points can be used to purchase pizza, or they can be saved up for a bigger prize down the road. New Teen Rec Room sign was installed. Design by Kaelyn Schreiner Campgrounds: • Looking to include 29 new water and Electric Hook up sites for the 2026 season. • Improving signage in Campgrounds • Closed Campgrounds for the season. Online reservations will open mid January 2026 • Ended with 27,453 site reservation nights in the 2025 season. This number does not include 1st come 1st serve Campgrounds — Boulder, Spring Creek and Forest Acres. • Winterizing Campgrounds Park Maintenance: • Various maintenance projects around town: repairing sign posts, fences. • Improving playground equipment in the parks. • Replacing older toilets in public restrooms. • Shut down restrooms in Park areas • Hoben Park improvements 32 • Pressure washing Monuments and Pocket Park areas Parking: • Paid Parking is closed for the season. Parking lots will reopen May 1st 2026 • Expect an increase in parking permits for the 2026 season Admin: • Working on the SPRD Master Plan • Playground Inspections • Attended back to back conferences - Alaska Recreation and Park Association Conference and the National Recreation and Park Association in September • Working on Shelter Training for all staff members in Mid November. • Completed FEMA Shelter Training Community Library & Museum Winter Hours Library: Monday to Friday: 10am — 6pm Saturday: 10am — 5pm Museum (Free Winter Admission): Friday: 10am — 6pm Saturday: 10am — 5pm Museum Updates: The September "Thursdays: Our History" program was celebrating our local Cemeteries and how they tell our stories. With a great presentation by City Planner Courtney Bringhurst, the night was filled exploring the Seward Cemetery Map, learning about the Solstice Cemetery Tour, and finding out information on burial plots and columbarium sites. Curator attended the Museums Alaska Board Retreat. We spent a day and a half at the library discussing the field's needs and potential new income streams for museums. And we were also lucky enough to visit the Alaska Native Heritage Center where we witnessed powerful exhibits on Indigenous Boarding Schools with mentions of Benny Benson's history, Seward's Jesse Lee Home, and the Seward Sanatorium. Upcoming Events The series "Thursdays: Our History" will continue Oct. 16 in the Library & Museum Community Room. 33 Library Updates: Good Neighbor Week Thank you to everyone who joined us for our Neighborhood Tea Party and Recipe Share/Potluck! It was great to gather together, share delicious tea and food, and get to know our neighbors better. We truly appreciate your participation in making this event a warm and memorable celebration of community. Digital Literacy Workshops (Wed 1:30-3:30 PM @ SCLM): Oct 15- Facebook Basics (Senior Center) Discover how to set up, navigate, and safely use Facebook to stay connected with loved ones and communities. Oct 22- Intro to Windows 11 Learn how to navigate and safely use Windows 11 Special Events: Saturday Movie Matinee, free snacks and admission. 2pm every Saturday! Oct 18th- Life Is Beautiful Oct25th- Coraline October 14- Book Bingo (4-5:30 PM) Join us for Book Bingo! Playa few fun rounds, win prizes, and discover your next great read. Play Bingo with a bookish twist! Mark off genres, titles, and themes as they're called —first to get a line wins a prize! All ages welcome! October 15-31 SCLM Staff Pumpkin Decorating contest Back by popular demand! The City of Seward Staff Pumpkin Decorating Contest is here— with a twist! This year, several city departments are joining in. Stop by the library or vote online to crown the winning pumpkin City of Seward Staff Pumpkin Decorating Contest - Sign Up! Oct 31- SCLM @ Halloween Carnival @ AVTEK Gym (5-9 PM) Check out our Halloween Carnival booth! We will have activities, treats, and a sneak peek at library programs. Beanstack Challenges: SCLM uses Beanstack to make reading fun and trackable for all ages. We currently have multiple challenges running, so there's something for everyone! Patrons can log books, earn badges, and celebrate milestones while discovering new favorites. 1,000 Books Before Kindergarten, 25 books in 2025, Fall Into Reading, Hispanic Heritage Month, European Heritage Month, Hallow -Reads, Spooky Movies Challenge, Banned Book Challenge 34 SOTO GIS CONSULTING INC. GIS Report Soto GIS Consulting Inc. Introduction September 2025 The following report lists completed, current, and future tasks that are being worked on by Soto GIS Consulting Inc. While the Public Map Viewer was in its first phase of testing by City staff, Soto GIS Consulting Inc. has been working on many other GIS projects. See below for a summary of the GIS work that has been done in September 2025. Completed Tasks — Larger Projects 1. Water and sewer lines have been mostly added in the Hilltop area and on Maple St. Updates were made to Ballaine Blvd and the Chugachmiut Health Clinic. 2. Available plots were added to the private cemeteries on the Cemetery Map. The layout of the cemetery map was updated to match the format of other applications. The Columbarium tab is a new feature that displays the information better. Draw and Print widgets were also added to the new layout. Old Cemetery Map layout with a small columbarium window. rah men uay Cee.ryinlI 35 SOTO GIS CONSULTING INC. September 2025 mmm mmm0 D0000 New Cemetery Map layout with Columbarium tab open. A picture of the City columbarium shows niches' availability. Completed Tasks — Smaller Projects 1. With data provided by the Executive Planning Assistant, updated CUPs that were expired on the CUP map. 2. Added reservations to the cemetery map. 3. Added shuttle stop pictures to the shuttle stop layer. These can be seen on the Parks & Rec map when a user clicks on a shuttle stop on the map. 4. Received feedback from the first testing period of the Public Map Viewer. Current Tasks 1. Working on Public Map Viewer fixes and adding more items to the custom basemap that were suggested in the survey feedback. 2. Working with Public Works to update utilities in the Dunham Dr. area. 3. Compiling data for GIS layers to be added to the public & internal map viewers. Current layers being worked on are Short Term Rental Permits and a custom layer for the Finance Department. 36 September 2025 4. Developing a layout for the internal map viewer with custom search bars or queries (i.e. the Finance Department can search within their custom layer that is being created rather than an address search). Future Tasks* 1. After the feedback from City staff has been integrated into the Public Map Viewer, the Public Map Viewer will be sent out for the public to test it (aiming for mid -to -late October to have it sent out). 2. Create more tabs within the Columbarium panel to display private cemeteries' columbaria availability. 3. Data layers for public & internal map viewer: a. Leases b. Building Permits c. Other layers Future Tasks Put on Hold from Previous Report* 1. A GIS Portal is in the works for the City of Seward. The layout will be similar to the KPB's Geohub: https://geohub.kpb.us/ 2. Print maps for the GIS Portal. 3. Scripts for automating tasks from ArcGIS Pro to ArcGIS Online. This is a lower priority that will be worked on occasionally. The goal is to have a coded script that automatically updates the GIS portal data layers and print maps when new data is added. Note: Soto GIS Consulting met with Esri on this and was given suggestions on how to implement the coded scripts. With all other projects going on, there has not been enough time to start this task yet. *Future tasks take several months to complete or have been pushed back as other GIS priorities come up. Conclusion The GIS tasks worked on in September focused on updating and maintaining current GIS data and mapping applications. It is important to understand that these applications can continue to 37 SOTO GIS CONSULTING INC. September 2025 be improved upon. For example, the Cemetery Map will now include private cemeteries' columbaria. As we get more familiar with GIS and its toolsets, we may find more ways to improve our mapping applications. Keep this in mind when the Public Map Viewer is sent out for testing. Soto GIS Consulting Inc. looks forward to reading the public's comments on how the new Map Viewer can be improved when it is sent out in mid -to -late October. 38 City Clerk Report October 13, 2025 Kris Peck The final election results will be provided as a laydown, so as not to delay the release of this council packet. The Canvass Board is scheduled to meet Friday at 1 pm and the process could take a few hours to hand count the remaining 91 ballots. A bigthankyou to all the voters, candidates, election workers, AVO staff, Canvass Board, and the KPB staff that were involved in this election! 39 MCS MUNSON, CACCIOLA &SEVERIN. LLP October 7, 2025 Seward City Council City of Seward PO Box 167 Seward, AK 99664 Re: September Status Report This is our status report covering activity on legal matters worked on during September 2025. General Matters: We drafted a lease and legislative package to move Pacific Seafood's processing facility to the Seward Marine Industrial Center. We provided guidance regarding a potential enforcement case concerning dredging, regarding the publishing of city announcements, and provided guidance about business license requirements. We have been assisting with two different code enforcement matters — one pertaining to the fire code and another relating to subdivision codes. We advised the clerk regarding the upcoming election. We also advised regarding public records requests. Electric Utility: The RCA released a procedural schedule for the RTO docket. The City filed for intervention, which is still pending. We anticipate being admitted as an intervening party this week. We continue to assist the City in participation in the docket. This month, that assistance included answering discovery requests that implicated Seward to the RTO, reviewing testimony, and reviewing filings. We analyzed whether customers outside of city limits can participate in decisions affecting the utility. We also reviewed certain contracts for work on behalf of the utility and management of the utility. The RCA approved the new wholesale agreement which became effective October 6, 2025. An amendment will need to be filed to identify any RTO grandfathered agreements, once the RTO tariff is finished being adjudicated. 1029 WEST THIRD AVENUE, SUITE 402 ANCHORAGE, AK 99501 907.272.8401 40 Status Report to Seward City Council October 7 2025 Page 2 of 2 Planning: We provided guidance related to a rezoning issue and a replating in the Seward Marine Industrial Center. We also reviewed certain ordinances, including the sign ordinance. Port and Harbor: We provided guidance on multiple lease questions involving assignments and liability related to maintenance. We received a final order in the Laraux case; the court order requires the vessel to be moved by October 31 at which time the city may dispose of it or issue daily fines. We assisted the harbormaster with the sale of a USCG documented vessel that had been impounded. This work will serve as model for future documented vessels where the city needs to issue a bill of sale. Personnel: We advised on personnel issues as they arose, including a discipline issue. We assisted with preparation for a deposition in the wrongful termination civil suit. You can expect to receive our next status report in November. Very truly yours, MUNSON, CACCIOLA & SEVERIN LLP Samuel C. Severin 41 ORDINANCE 2025-014 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SEWARD CITY CODE §15.10.140 DEFINITIONS FOR ANIMAL SHELTER AND VETERINARY HOSPITAL AND §15.10.226 LAND USES ALLOWED TABLE FOR VETERINARY HOSPITAL Documents: • Agenda Statement • Ordinance 2025-014 • Attachments: None 42 City Council Agenda Statement Introduction September 22, 2025 Meeting Date: To: City Council Through: Kat Sorensen, City Manager From: Daniel Meunick, Community Development Director Subject: Ordinance 2025-014: Amending Seward City Code §15.10.140 Definitions for animal shelter and veterinary hospital and § 15.10.226 Land Uses Allowed Table for veterinary hospital Background and justification: A veterinary hospital located in Soldotna, Alaska has been offering temporary and limited veterinary services to animals as a mobile medical unit through the Seward Animal Shelter located at 601 Sea Lion Avenue. This property is zoned Institutional. An animal shelter is allowed in the Institutional and Resource Management zoning districts by conditional use permit and in the Industrial zoning district outright. A veterinary hospital, however, not allowed in the Institutional zoning district. It is allowed in the Auto Commercial, Industrial, and Resource Management zoning districts by conditional use permit. This situation has provided the City with an opportunity to review the Land Uses Allowed Table to expand the options to include the Institutional zoning district for permanent veterinary services within Seward. The Commission held a work session on July 15, 2025, to discuss veterinary hospitals within Title 15. During this work session, the Commission recommended amending the definition for veterinary hospitals and allow their use in the Institutional zoning district. During the discussion, the Commission also recommended adding a definition for animal shelter since it is not defined in city code but is a listed use on the Land Uses Allowed Table. On September 2, 2025, the Planning and Zoning Commission approved Resolution 2025-028 recommending approval of the amendments to Title 15 included in this Ordinance. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Vol 1, Chapter 3.1— Economic Development • 3.1.1 — "Attract new business and industry to the greater Seward area." • 3.1.1.4 — "Support private sector business, employment, and programs." 43 • "Support and encourage the growth of business." Strategic Plan: NA Other: NA Yes Attorney Signature: Kody George Not applicable Comments: Sponsored: Sorensen Introduction: September 22, 2025 Public Hearing: October 13, 2025 Enactment: CITY OF SEWARD, ALASKA ORDINANCE 2025-014 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SEWARD CITY CODE §15.10.140 DEFINITIONS FOR ANIMAL SHELTER AND VETERINARY HOSPITAL AND §15.10.226 LAND USES ALLOWED TABLE FOR VETERINARY HOSPITAL WHEREAS, according to Seward City Code § 15.01.035 B (1)b, the Planning and Zoning Commission by its own motion may recommend amendments to Title 15 to the City Council; and WHEREAS, it is in the best interest of the community to periodically review and update the City zoning code to reflect community changes and needs; and WHEREAS, the Commission held a work session on July 15, 2025, to discuss veterinary hospitals within Title 15; and WHEREAS, there currently are no permanent veterinary hospitals operating in Seward; and WHEREAS, a veterinary hospital is allowed with a Conditional Use Permit (CUP) in the Auto Commercial, Industrial, and Resource Management zoning districts; and WHEREAS, animal shelters are allowed in the Institutional zoning district but not a veterinary hospital; and WHEREAS, the Commission recommended that veterinary services should be allowed in Institutional zoning district in the Land Uses Allowed Table to ensure that there are options for suitable locations for permanent veterinary services; and WHEREAS, the Commission recommended amending the definition of Veterinary Hospital to better describe the services and scope; and WHEREAS, an animal shelter is listed in the Land Uses Allowed Table but there is no definition for animal shelter within Title 15; and WHEREAS, the Commission approved Resolution 2025-028 on September 2, 2025, recommending the City Council approve the proposed changes. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code Title 15.10.140B Specific Definitions is hereby amended to read as follows (new language is in bolded italics and underlined, and deleted language is stricken): 45 CITY OF SEWARD, ALASKA ORDINANCE 2025-014 7. Animal shelter. A facility operated by or under contract with a municipality for the purpose of temporary impoundment, care, quarantine, placement for adoption, and other services for any animal abandoned, lost, surrendered, seized, or otherwise subject to impoundment accordinji to law. Includes animal control shelter. 107.106. Veterinary services hospital. The provision of professional medical care to animals by licensed veterinarians, and other services to animals, A facility, which may include animal care, jrooming, and runs, in which veterinary services arc rendered to animals and domestic pets, and which may include clipping, bathing, boarding in a permanent facility, and other services. Includes veterinary clinic. Section 2. Seward City Code Title 15.10.226 Land Uses Allowed Table is hereby amended to read as follows (new language is in bolded italics and underlined, and deleted language is stricken): TABLE Zoning District Designations The following zoning district abbreviations are provided for information and interpretation: RR = Rural, very low density single-family residential RI = Single-family, low density residential R2 = Single and two-family, medium density residential R3 = Single, two and multi -family, high density residential UR = Urban residential, a mix of residential uses and low impact home professional offices OR = Office residential AC = Auto and neighborhood oriented, light commercial HC = Harbor commercial CB = Central business district - dense downtown commercial I = Industrial RM = Resource management - partially developable lands subject to floodplains and steep slopes INS = Institutional, public, quasi -public uses P = Parks 46 CITY OF SEWARD, ALASKA ORDINANCE 2025-014 Table 15.10.226. Land Uses Allowed Key: O — Use Permitted Outright H — Home Occupation C — Use Requires Conditional Use Permit P — Use Requires Administrative Permit Blank — Use Prohibited Zoning Districts Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Veterinary services C 0 E 0 CO O hesPital Section 3. This ordinance shall take effect 10 days upon adoption. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, the 13th day of October 2025. AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Kris Peck City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Sue McClure, Mayor 47 ORDINANCE 2025-015 AN ORDINANCE OF THE SEWARD CITY COUNCIL, AMENDING SEWARD CITY CODE CHAPTER § 15.20 — SIGNS Documents: • Agenda Statement • Ordinance 2025-015 • Attachments: None 48 City Council Agenda Statement Introduction September 22, 2025 Meeting Date: To: City Council Through: Kat Sorensen, City Manager From: Daniel Meuninck, Community Development Director Subject: Ordinance 2025-015: Amending Seward City Code Chapter § 15.20 — Signs Background and justification: Temporary signage has historically been difficult to interpret and enforce under the existing Seward City Code. The majority of complaints have related to "feather signs," which were not defined in the Code and had been treated as similar to banners or flags, despite being distinct types of signage. Past enforcement practices generally prohibited feather signs, and members of the public have repeatedly expressed concerns to the Community Development Department that such signs are unattractive and distracting to motorists. Additional concerns raised by the community included the regulation of temporary, off -premises signage on City property and inconsistencies in the regulation of awnings. To address these issues, the Community Development Department conducted work sessions with the Planning and Zoning Commission on July 11, 2023; August 15, 2023; and January 23, 2024. These sessions focused on clarifying how temporary signage, awnings, and other signage types not currently addressed in the Code should be regulated. On April 4, 2024, Resolution 2024-007, which recommended amending Seward City Code (SCC) 15.20 — Signs, was removed from the Planning and Zoning Commission agenda during the approval of the agenda. A subsequent work session on April 16, 2024, was held to discuss the removal and to further refine the scope of proposed amendments. At that time, the Commission recognized that the revisions had grown too broad and that a simplified update was necessary. The Commission also emphasized the importance of ensuring that the Seward sign code complies with the U.S. Supreme Court ruling in Reed v. Town of Gilbert. Following that work session, the City Attorney conducted a legal review of the Seward sign code to ensure compliance with Reed v. Town of Gilbert and provided recommended edits. These legal recommendations, along with the previously identified amendments related to temporary signage and awnings, are incorporated into the attached Ordinance. On September 2, 2025, the Planning and Zoning Commission approved Resolution 2025-030 recommending approval of the amendments to Title 15 included in this Ordinance. 49 The effect of the proposed legislation would be to: • Update sign code language to ensure compliance with the Reed v. Town of Gilbert Supreme Court ruling. • Revise definitions for various types of signage. • Amend regulations for temporary signage. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 2.2.8 — City Government • "Continue to review and update the city code." 2.2.10 — Land Development • "Ensure all adopted codes reflect community values." 3.2.1 1 • "Ensure uniform and consistent enforcement of the zoning code, building code, subdivision ordinance, and city lease agreements, and evaluate potential code changes to make enforcement easier." Strategic Plan: Other: NA NA Attorney Review 1 Yes Attorney Signature: Kody George Not applicable Comments: 50 Sponsored: Sorensen Introduction: September 22, 2025 Public Hearing: October 13, 2025 Enactment: CITY OF SEWARD, ALASKA ORDINANCE 2025-015 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SEWARD CITY CODE CHAPTER §15.20 — SIGNS WHEREAS, according to Seward City Code § 15.01.035B(1)(b), the Planning and Zoning Commission by its own motion may recommend amendments to Title 15 to the City Council; and WHEREAS, it is in the best interest of the community to periodically review and update the City zoning code to reflect community changes and needs; and WHEREAS, the regulation and use of signs has a direct impact on the feel and character of a community; and WHEREAS, various regulations within the sign code were vague or undefined, which was creating difficulty for interpretation and enforcement; and WHEREAS, Community Development has received various complaints and concerns regarding the current regulations of temporary signage and awning signs; and WHEREAS, the Planning and Zoning Commission held work sessions on July 11, 2023, August 15, 2023, and January 23, 2024, to review the sign code and recommend changes; and WHEREAS, on April 4, 2024, Resolution 2024-007 recommending City Council amend Seward City Code 15.20 — Signs was removed from the Planning and Zoning Commission agenda during the approval of the agenda; and WHEREAS, the Planning and Zoning Commission held another work session on April 16, 2024, to discuss compliance with current Supreme Court rulings regarding sign discrimination and what other changes needed to be made to the sign code; and WHEREAS, it was recognized that the revision of the sign code had expanded beyond the initial scope and that recommended amendments should be simplified; and WHEREAS, the city attorney has reviewed the Seward sign code to verify its compliance with the Reed v. Town of Gilbert Supreme Court ruling, and provided recommended edits, which are included in the attached Ordinance; and WHEREAS, on September 2, 2025, the Planning and Zoning Commission approved Resolution 2025-030 recommending City Council amend Seward City Code Chapter § 15.20 Signs. 51 CITY OF SEWARD, ALASKA ORDINANCE 2025-015 NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code Chapter § 15.20 Signs is hereby amended to read as follows (new language is in bolded italics and underlined, and deleted language is stricken): Chapter 15.20. Signs 15.20.010 Purpose and scope. It is the purpose of this chapter to promote: A. The protection of the health, safety, property and welfare of the citizens of Seward, and aesthetics of the community; B. Commercial and civic communications that accommodate the need of the community to convey information to the public; C. The protection and enhancement of the historic charm and natural beauty, and the visual character and identity of the community, by the thoughtful placement and design of signs; D. Flexibility and incentive for creative and innovative sign designs; E. The proper maintenance of signs; and F. Consistency with the goals and objectives of the Seward Comprehensive Plan. (Ord. 98-02) 15.20.015 Definitions. For purposes of this section, the following definitions pertaining to signs shall apply: Abandoned sign. A sign or sign structure which no longer identifies or advertises a bona fide business, lessor, service, owner, product, or activity, and/or for which no legal owner can be found. Animated sign. Any sign which uses movement or changes of lighting to depict action or to create a special effect or scene. Awning. A structure projecting beyond a building wall at an entrance to a building, or extending along and proiectin' beyond the building's wall, composed of a covering of rigid or nonrigid materials and/or fabric on a supporting framework that may be either permanent or retractable. Banner. A temporary sign made of fabric or similar nonrigid material with no enclosing framework but secured to a solid structure at all four corners. Banners do not include Flags as defined by this Chapter. National flags, state or municipal flags, or the official flag of any institution or non commercial organization shall not be considered banner,. Building marker. Any sign indicating the name of a building and date and incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material. 52 CITY OF SEWARD, ALASKA ORDINANCE 2025-015 Construction sign. A temporary sign identifying an architect, contractor, subcontractor, and/or material supplier participating in construction on the property on which the sign is located. Directional sign. A sign containing no advertising, and designed to direct, inform or guide pedestrian or vehicular traffic to a location, place or convenience parking, drive through window, restrooms. Electricals n „ lit „t ; otion by f electrical r Facade (false front). A false, superficial or artificial facing on a building, given special architectural treatment. It may or may not be part of the structural wall. Feather sign. Any temporary, portable, animated sign made of lightweight materials that is prone to move in the wind, and that contains a pole or staff that is driven into the ground or supported by means of an individual stand. This definition includes such signs of any shape including flutter, bow, teardrop, rectangular, shark, and U-shaped. Flag. A piece of cloth or similar material, attached at one edge to a pole and used as the symbol or emblem of a country or institution, or as a marker or signal; and in no way can be construed as advertising. Flashing sign. A sign which contains an intermittent or sequential flashing light source. Freestanding sign (pole, monument or ground sign). A permanently mounted, self- supporting sign supported from the ground by means of poles, standards, or any other type of base. 111u inated s n v illu inat d in any manner by an artificial light source. Incidental sign. A sign, emblem, or decal informing the public of goods, facilities, or services available on the premises, e.g., a credit card sign or sign indicating hours of business. Identification sign. A nonelectric sign limited to the name, address and/or occupation of an occupant or group of occupants. Indirect illumination. Use of lights which are shielded from public view, to indirectly project illumination onto a sign which is, itself, not internally lit. Inflatable sign. A temporary sign filled by air or other gas and designed to be tethered to the ground. Marquee (canopy or awning). A permanent roof -like structure projecting beyond a building wall at an entrance to a building, or extending along and projecting beyond the building's wall, and generally designed to provide protection against the weather. Marquee sign. A sign that is a part of or attached to a marquee. Nameplate. A nonelectric sign limited to the name and address of an occupant or group of occupants. Nonconforming sign. Any sign which was legally erected, but does not now conform to the regulations of this chapter. 53 CITY OF SEWARD, ALASKA ORDINANCE 2025-015 Off -premises sign (billboard). A sign or structure which advertises a business, person, product, activity or service not on or offered on the property on which subject sign is located, also known as a billboard, off -site, or outdoor advertising sign. On -premises sign. A sign which pertains to the use of the premises on which it is located. Parapet. The extension of a false front or wall above a building roofline Pennant. Triangular, swallow-tailed, or irregular piece of fabric or other material, commonly attached in strings or strands, or supported on small poles intended to flap in the wind. Point of purchase display. Advertising of a retail item accompanying its display, e.g., an advertisement on a product dispenser. Politicals ^ tem„orang e f the pease-ef wig, premoting or endorsing a political candidate, party initiative, issue, referendum or ballot proposition. Portable sign. A sign that is not attached to any building or structure. It may readily be picked up and moved from one location or another. It may be with or without its own wheels. Projecting sign (fin or right-angle sign). A sign affixed to any building or structure, the edges of which extend perpendicularly beyond such building wall. Reader board sign (bulletin board). A sign face consisting of tracks to hold readily changeable letters, allowing frequent changes of copy. upon which the sign is placed. Roof sign. Any sign erected over or on the roof of a building. Roofline. Either the edge of the roof which is the junction of the roof and the perimeter wall of the structure, or the peak or ridge line, whichever forms the line of the building silhouette. Sign. Any device fixed to, painted on, or incorporated into the building surface; displayed from or within a building or structure; or free-standing upon the site, and which is (a) visible from a public right-of-way and (b) designed to convey or direct a message to the public concerning the identification of the premises or to advertise or promote the interests of any private or public firm, person or organization. Sign area. The area of all lettering, wording, and accompanying designs and symbols, together with the background on which they are displayed, but excluding any supporting framework and bracing which are solely incidental to the display itself provided the same do not contain any lettering, wording, designs, or symbols. When two identical signs faces are placed back-to-back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure, only one side shall be considered for the purpose of calculating total sign area. Sign height. The vertical distance between the highest part of the sign or its supporting structure, whichever is higher, and a level plane going through the nearest point of the improved public right-of-way, other than an alley. In the event a sign is equidistant from more than one improved public right-of-way, none of which are alleys, the highest point shall be used. 54 CITY OF SEWARD, ALASKA ORDINANCE 2025-015 Sign, sandwich board (also V-shaped). Signs erected upon common or separate structures which present a V-shape appearance and have an exterior angle between faces of not more than 45 degrees with a distance between faces of such signs at their closest point not exceeding two feet. Sign structure. A structure which supports or is capable of supporting any sign as defined in this code. A sign structure may be a single pole or poles and may or may not be an integral part of a building. If a "support" is "internally or decoratively illuminated," then it is counted as a sign and must conform to this chapter. Snipe sign. A temporary sign illejially placed in the public rijiht-of-way or on a property that is not the site of the business or event or poster affixed to a tree, fence or utility pole. Special events sign. Signs that announce a civic, cultural, unique or random event. Street frontage. The length of a property line that borders a public right-of-way which provides the principal means of access. Alleys, public parking lots, emergency access and/or pedestrian easements are not generally considered as public rights -of -way for purposes of this definition. Suspended sign. A sign that is suspended beneath a canopy, ceiling, roof, or marquee. Temporary sign. Any sign, banner, pennant, valance or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other light material with or without frames, intended to be displayed for a short period of time only and not permanently fixed to any building or structure. Traffic sign (safety sign). A sign which functions primarily to provide for the efficient, safe and orderly flow of traffic. Wall sign. A sign painted, mounted or otherwise affixed to the wall of a building or structure, parallel to the building, and confined to the limits of outside wall, which includes windows and doors. exterior of the building. The term does not include merchandise. (Ord. 98-02; Ord. 99-16, § 5, 1999; Ord. No. 2010-007, § 1, 10-25-2010; Ord. No. 2019-002, § 1, 1-28-2019) 15.20.020 Administration and enforcement. A. Except as provided herein, it shall be unlawful to display, erect, relocate or alter any sign without the property owner first filing with the Aadministrative Oofficial, as defined under section 15.01.015, a written application and obtaining a sign permit. B. When a sign permit is issued by the Aadministrative Oofficial, it shall be unlawful to change, modify, alter or otherwise deviate from the terms and conditions of said permit without prior approval of the Aadministrative Oofficial. A written record of such approval 55 CITY OF SEWARD, ALASKA ORDINANCE 2025-015 shall be entered upon the original permit application and maintained in the files of the Aadministrative °official. C. A sign permit shall become null and void if the work for which the permit was issued has not been completed within six months of its issuance. Before such work can be recommended, a new permit to do so shall first be obtained, and the fee shall be one-half the amount required for a new permit. D. Fees shall be set by resolution of the City Council. E. Issuance of a certificate of occupancy for each new facility using a sign for identification or advertising shall be contingent upon approval of a sign permit. F. Exceptions: 1. Painting, repainting or cleaning of a sign or the changing of copy or message thereon shall not be considered an erection or alteration which requires a sign permit, unless structural change is made. 2. Other specific exceptions are listed under signs allowed without permits. (Ord. 98-02; Ord. No. 2019-002, § 1, 1-28-2019) 15.20.021 Measurement standards. The following regulations shall control the computation and measurement of sign area and sign height: A. The sign area shall include the face of all the display area(s), the sign frame, the structural support, and any attendant construction of the sign, except as follows: 1. Structural support that is located below the sign face area and its accompanying frame, does not contain a message other than the street number in conformance with SCC $12.01.020, and is clearly distinguishable from the sign face area, shall not be considered sign area. B. For a sign that is framed, outlined, painted, or otherwise prepared and intended to provide a background for a sign display, the area of the sign shall be the area of not more than three geometric shapes that encompass the entire area of the sign including the background or frame. C. For a sign comprised of individual letters, figures, or elements on a wall or similar surface of a building or structure, or an irregular shaped freestanding sign, the area of the sign shall be the area of not more than three regular geometric shapes that encompass the perimeter of all the elements in the display. D. For freestanding and projecting signs the sign area shall be computed by the measurement of one of the faces when two display faces are joined, are parallel, or are within 30 degrees of being parallel to each other and are part of the same sign structure. For any sign that has two display surfaces that do not comply with the above regulation, or has more than two display surfaces, then each surface shall be included when determining the area of the sign. 56 CITY OF SEWARD, ALASKA ORDINANCE 2025-015 E. The height of a freestanding sign shall be measured from the elevation of the edge of the public right-of-way immediately adjacent to, or nearest the sign structure, to the highest point of the sign, its frame, or decorative features. (Ord. No. 2019-002, § 1, 1-28-2019) 15.20.025 Requirements applicable to all signs. The following provisions shall apply in all zoning districts to all signs governed by this ordinance, subject to the specific regulations in each zoning district: A. Whenever two provisions of this code overlap or conflict with regard to the size or placement of a sign, the more restrictive provision shall apply. B. In matters of unspecified uses or clarification, the Aadministrative °official shall make determinations. C. Except when approved by the administrative official City Council for civic purposes, signs are considered an accessory use on a lot. Only signs identified under section 15.20.030 are allowed on vacant lots. D. Signs containing non-commercial speech are permitted anywhere business signs are permitted and are subject to the same regulations applicable to such signs. E. All signs, including signs heretofore installed, and the area around the base of each freestanding sign, shall be constantly maintained in a state of security, safety and repair. If any sign is found not to be so maintained or is insecurely fastened or otherwise dangerous, it shall be the duty of the owner and/or occupant of the premises on which the sign is fastened to repair or remove the sign within five days after receiving notice from the administrative official. F. Illumination from or upon any sign shall be shaded, shielded, directed or reduced so as to avoid glare or reflection of light on private or public property in the surrounding area and so as to avoid distracting pedestrians and motorists. G. In those cases where a business or institution has frontage on more than one street, signs are allowed on each street frontage, provided they are in conformance with applicable district regulations, and that frontage limits are not combined. H. The symbol, slogan or national trademark of a national brand beverage or other product that is sold on the premises shall not comprise more than 25 percent of the total area of the sign. National brand logo signs designed to hang in a window and not exceeding four square feet, and signs advertising products that form the bulk of the business transaction, are exempted from this provision. J. No sign shall be located so as to physically obstruct any door, window or exit from a building or be hazardous to a motorist's ingress and egress from any public or private parking area. K. Signs used seasonally are to be included in the total square footage of sign area allowed for that district. 57 CITY OF SEWARD, ALASKA ORDINANCE 2025-015 L. In no case shall any portion of a sign attached to a building exceed the maximum allowable building height limit, or more than four feet above the roof line, facade or parapet height, whichever is less. M. No sign shall exceed the roofline of a building within any historic district. N. Freestanding signs are subject to the following limitations: 1. Maximum height of 20 feet or the height of the building, whichever is less; 2. One per parcel; 3. Only allowed within front yards or side yards which are adjacent to a street. O. No readerboard sign may exceed 32 square feet per side; changeable letters of such signs must be adequately secured against wind loss, and each readerboard sign must be one of the following: 1. A wall sign; 2. A marquee sign; 3. A freestanding sign within a structural framework. P. Except in the central business district (CBD) zone and along the west side of Fourth Avenue between North and South Harbor Streets, no sign, except temporary street banners, shall project into the airspace above any right-of-way or sidewalk. Projecting signs (fin or right angle signs) are subject to the following limitations: 1. One per pedestrian entrance; 2. Maximum height of 20 feet or the height of the building, whichever is less; 3. Shall not extend over a public sidewalk in excess of the width of the sidewalk; 4. Shall maintain a clear vertical distance above the nearest grade by a minimum of eight feet. (Ord. 98-02; Ord. No. 2010-007, § 1, 10-25-2010; Ord. No. 2019-002, § 1, 1-28-2019) Q. 15.20.030 Signs allowed without permits. The following signs are not subject to a permit requirement if the following standards are met. They shall be regulated by the following size and placement standards and shall not be included when calculating permitted sign area for any building or parcel. If a proposed sign exceeds the limits of this section, a sign permit must be obtained and the signage must count toward the total allowed signage for the building or parcel. A. Nameplates not exceeding two square feet and building markers; B. Standard flags and insignia of government, religious, civic, charitable, educational or philanthropic groups which can, in no way, be construed as advertising; 58 CITY OF SEWARD, ALASKA ORDINANCE 2025-015 C. Signs identifying the historic name of a building, provided that such name is approved by the historic preservation commission and the sign does not exceed 20 square feet in size; D. Legal notices, traffic signs, information signs, historic signs or directional signs erected by government bodies and signs required by law; E. Directional signs not exceeding six square feet (directional signs contain no advertising); F Signs advertising subdivision tract developments of two or more acres, not exceeding 32 square feet and limited to one such sign per street frontage; F.G. G.14. Incidental signs not exceeding four square feet each; Notices and warning signs of not more than two square feet each in area, i.e., vacancy, no trespassing, beware of dog; H. LPoint of purchase advertising displays; L J. Structure or improvements intended for a separate use, such as, donation containers, product dispensers, trash receptacles or recycling boxes; K. Suspended signs provided they do not cxtcnd farther from the building facadc than the marquee or canopy to which they are attached, do not exceed four square feet in area, and maintain a clear distance of eight feet between the sidewalk and the sign bottom. One sign per pedestrian entrance; J. L. Signs or scoreboards on athletic fields intended for on -premises viewing; K. M. Fuel price signs not exceeding 20 square feet per sign face, with one sign allowed per abutting street right-of-way; L. N Two-sided or three -sided signs mounted on the roof of a vehicle for hire (as defined in section 8.20.010) not exceeding 14 inches in height and 39 inches in length on each side; signs on the side of said vehicle not exceeding four square feet; or a sign mounted between the bumper and the lowest level of the rear window, not exceeding 18 inches by 36 inches; M. O. Signs on vehicles, primarily and actively used for business purposes, which identify the firm or its principal product (see also section 15.20.035C.); N. P Wall and freestanding murals which are purely decorative in nature and content, and do not include advertising by picture or verbal message; O. Q7 Signs painted on or placed inside windows, as long as they do not extend beyond the first story of the building and do not block any opening required for entrance or exit from buildings; P P Temporary signs may be posted for not more than 30 days in a 180 day time period. 1. One temporary sign is allowed per property if non-commercial residential, and one for each business in commercial districts; 59 CITY OF SEWARD, ALASKA ORDINANCE 2025-015 2. Temporary signs may include banners and portable signs, such as sandwich boards and weighted signs, as specified in 15.20.035F., flags, or pennants; 3. Temporary signs may not exceed 4-2- 6 square feet in residential areas and 32 24 square feet in commercial or industrial districts; 4. Temporary signs referencing a date or event shall be displayed no earlier than 30 days prior to the event and must be removed within ten days following the date or event; 5. Special noncommercial event signs may be erected two weeks prior to the event. 6 Political signs not more than six square feet per sign in residential districts and 32 square feet per sign in commercial districts may be displayed no earlier than 30 days prior to any election and shall be removed within seven days following the election; provided that signs erected for any primary election that remain relevant to the following general election may be maintained for the period between elections; 7. Garage sale signs located at the site of the sale. 6. Feather signs may be allowed by mobile vendors during specific scheduled community events as determined and approved by administrative official. 7. Temporary signs posted on City property require approval by the City Manager. (Ord. 98-02; Ord. No. 2010-007, § 1, 10-25-2010; Ord. No. 2019-002, § 1, 1-28-2019) 15.20.035 Prohibited signs. Unless otherwise and specifically authorized, the following signs are prohibited in all districts: A. Any sign contrary to the provisions of this chapter; B. Signs within any sight distance triangle or right-of-way, unless otherwise authorized; C. Signs attached to, or placed on, vehicles or trailers which are parked or located for the primary purpose of displaying said sign (see also signs allowed without permits — vehicles with signs used in the normal course of business); D. Off -premises signs and/or billboards except the posting of temporary signs relating to civic events as allowed under section 15.20.030P(7) and subject to the limitations of this chapter; E. Snipe signs; F. Portable signs, except sandwich boards and weighted signs, provided that they do not exceed ten square feet per side and are located entirely on private property; G. Signs which interfere with radio and television reception; 60 CITY OF SEWARD, ALASKA ORDINANCE 2025-015 H. Flashing and animated signs; except time and temperature; and except open signs placed inside a window; I. Any sign with incandescent lamp bulbs exposed to view, with or without internal or external reflectors; not to include neon signs as allowed in other sections of title 15; J. Banners, clusters of flags, feather signs, inflatable signs, pennants, ribbons, streamers, balloons or bubble machines, except as allowed under section 15.20.030PR.; K. Suspended strings of lights, spinners; twirlers or propellers; flashing, rotating (except barber poles) or blinking light; beacons; chasing or scintillating lights; flares, or signs containing elements creating sound; L. Abandoned signs or sign structures; M. Signs imitating or resembling a traffic -control sign, signal or device, or the light of an emergency vehicle; or which obstructs the visibility of any traffic or street sign or signal device; N. Projecting signs and freestanding signs fronting alleyways; O. Signs advertising a home occupation. (Ord. 98-02; Ord. No. 2010-007, § 1, 10-25-2010) 15.20.040 Sign standards by zoning district which require permits. All signs, except those specifically allowed without permits, shall be calculated in determining the total square footage of sign area on a parcel. A. Residential Rural residential, single-family residential, two-family residential, multi- family residential, and urban residential districts. Only the following types of signs shall be permitted in the residential zoning districts, except as provided for otherwise within this chapter and zoning code. Illumination of these signs shall be limited to indirect lighting. 1. Signage for churches, public and quasi -public institutions, including schools and municipal buildings, may erect for their own use: a. One identification sign not exceeding 20 square feet in area; b. One announcement sign or bulletin board not exceeding 20 square feet in area; c. The height of any freestanding signs shall not exceed eight feet. 2. Multiple family (two- to four -unit) dwellings are allowed one sign identifying the premises, not exceeding six square feet in area, and five feet in height if freestanding. 3. Multiple family dwellings of five units or more may have one sign, not exceeding 20 square feet in area and if freestanding, not exceeding eight feet in height. B. Office residential, auto commercial, and industrial districts. 61 CITY OF SEWARD, ALASKA ORDINANCE 2025-015 1. For any permitted residential use, signs for such use shall conform to the requirements in subsection A. of this section. 2. For all permitted uses, or legal nonconforming uses, the combined square footage of signs shall not exceed one square foot per lineal foot of property street frontage, to a maximum of 200 square feet per parcel. 3. Signage is not allowed within side yards or attached to sides of buildings which front side yard areas, except in cases of multiple frontage lots where a side property line fronts an alley. 4. Signage fronting alleys is limited to one identification sign, not exceeding two square feet, unless a business has a customer entrance on the alley. If a business has a customer entrance on the alley, up to 25 percent of the property's total allowed signage may be reallocated, as a wall sign only, to front the alley. 5. Freestanding and projecting and marquee signs, if internally illuminated, shall not exceed 32 square feet in area per side; otherwise, a maximum of 50 square feet per side is allowed (see subsections 15.20.0251Vb or Q0. for freestanding or projecting sign limitations). C. Central business district. For all permitted or legal nonconforming uses, the following limitations shall apply: 1. Combined square footage of signs shall not exceed two square feet per lineal foot of street frontage to a maximum of 200 square feet per parcel. 2. Any portion of a property's total allowed signage may be allocated to the sides or rear of the lot at the discretion of the property owner. 3. Freestanding signs, if internally illuminated, shall not exceed 32 square feet in area; otherwise, a maximum of 50 square feet is allowed (see section 15.20.0251VL. for freestanding sign limitations). 4. Marquee or projecting signs, which project over a public right-of-way may not extend farther toward the street than the marquee or the width of the sidewalk and may not exceed 25 square feet in area (see section(s) 15.20.030K. for under marquee signs, 15.20.025QQ. for projecting signs). D. Harbor commercial district. 1. The following property frontages may be combined at one square foot per lineal foot of frontage to maximum of 200 square feet of signage per parcel: a. A street; b. The harbor basin; c. The public boardwalk; d. Where a building faces toward a street but does not abut it; or e. A public parking lot. 62 CITY OF SEWARD, ALASKA ORDINANCE 2025-015 2. At the discretion of the property owner, any portion of a property's total allowed signage may be allocated to the sides or rear of the lot not fronting 1.a.—e., above so long as it does not exceed one square foot per lineal foot of that property line. 3. Freestanding, projecting and marquee signs, if internally illuminated, shall not exceed 32 square feet in area per side; otherwise, a maximum of 50 square feet per side is allowed (see section 15.20.025/VE. for freestanding sign limitations). 4. Marquee or projecting signs, which project over a public right-of-way may not extend farther toward the street than the marquee or the width of the sidewalk and may not exceed 25 square feet in area (see section 15.20.030K., for under marquee signs, and section 15.20.025Q0., for projecting signs.) E. Institutional, park and resource management districts. 1. Signs for any permitted commercial and industrial uses shall conform to the requirements in subsection B. herein. 2. Signs for all other permitted uses, or legal nonconforming uses, are subject to the following limitations: a. One permanent identification sign is permitted for each premises. The area of the sign shall not exceed one square foot for each lineal foot of street frontage, provided no such sign shall exceed 40 square feet; b. No sign shall exceed eight feet in height; and c. Illumination for institutional facilities shall be restricted to indirect lighting. (Ord. 98-02; Ord. 99-16, § 5, 1999; Ord. No. 2010-007, § 1, 10-25-2010) 15.20.050 Nonconforming signs. The intent of this section is to permit the continuance of nonconforming signs until such time as they are removed, but not to encourage their perpetuation or expansion. A. Nonconforming signs are allowed to continue, subject to the following: 1. Shall not be used as grounds for adding additional nonconforming signs; 2. Shall not be structurally altered so as to change the shape, size or type of sign, or be relocated, except into conformance with this Code; 3. Shall not be allowed to remain after the activity, business or use to which it relates has been discontinued; and 4. Must be removed if damaged in such a manner that the estimated expense of repair exceeds 50 percent of its replacement value. B. Nothing in this section shall relieve the owner or user of a nonconforming sign, or owner of the property on which the nonconforming sign is located, from the provisions of this Code regarding the safety, maintenance and repair of signs. 63 CITY OF SEWARD, ALASKA ORDINANCE 2025-015 C. An illegal sign is any sign within the City limits which does not comply with the requirements of this Code or previous codes at the time the sign was erected, and which is not eligible for characterization as nonconforming. The City may immediately remove any sign located on City property or right-of-way. (Ord. 98-02) 15.20.055 Variance procedure provided. A. The commission is hereby authorized to grant special variances from the provisions of this chapter in accordance with the following restrictions: 1. To encourage the use of signs which are harmonious with Seward's scenic beauty and historic character, the commission may issue a variance for specific signs up to 1.5 times larger than provided in this chapter. Each applicant for such variance shall submit a scale drawing and a color rendering of the proposed sign(s) in relation to its surroundings. 2. A variance may be granted in harmony with the general purpose and intent of this Code by varying the application of rules, regulations or provisions so long as the spirit and benefits of this Code will be preserved. 3. The commission may vary the rules and regulations or provisions of this Code provided the commission, upon due and diligent investigation, makes specific findings that all of the following conditions have been considered: a. The variance will not constitute a grant of a special privilege inconsistent with the limitation upon signage and uses of other properties in the vicinity and zone in which the property, on behalf of which the application as filed, is located; b. That such variance is necessary because of special circumstances such as, but not limited to, health and safety or the size, shape, topography, location or surroundings of the subject property, to provide it with signage use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located; c. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the subject property or improvements in the vicinity and in the zone in which the subject property is situated. 4. In granting a variance, the commission may attach thereto such conditions regarding the location, character and other features of the proposed sign as it may deem necessary to carry out the spirit and purpose of this code of moderating the size, number and obtrusive placement of signs and reduction of clutter in public interest. B. Fees for sign variances shall be set by resolution of the City Council. (Ord. 98-02) Section 2. This ordinance shall take effect immediately upon adoption. 64 CITY OF SEWARD, ALASKA ORDINANCE 2025-015 ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, the 13th day of October 2025. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Sue McClure, Mayor 65 ORDINANCE 2025-016 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SEWARD CITY CODE §15.10.140 DEFINITIONS FOR DWELLING, APARTMENT, COMMERCIAL BUILDING; AND MIXED -USE DEVELOPMENT AND TABLE § 15.10.226 LAND USES ALLOWED FOR DWELLING, APARTMENT IN A COMMERCIAL BUILDING Documents: • Agenda Statement • Ordinance 2025-016 • Attachments: None 66 City Council Agenda Statement Introduction September 22, 2025 Meeting Date: To: City Council Through: Kat Sorensen, City Manager From: Daniel Meuninck, Community Development Director Subject: Ordinance 2025-016: Amending Seward City Code §15.10.140 Definitions for Dwelling, Apartment, Commercial Building and Mixed - Use Development and Table § 15.10.226 Land Uses Allowed for Dwelling, Apartment in a Commercial Building Background and justification: During Planning and Zoning Commission work sessions over the past year, housing and parking issues were frequently discussed. A recurring concern was the lack of clarity in the Seward City Code regarding regulations for mixed -use buildings and mixed -use development. Currently, the Code does not include a definition for "mixed -use buildings" or "mixed -use development." Although mixed -use developments are permitted within the zoning code, their allowance is determined by whether the individual uses are permitted within the zoning district where the development is proposed. References to mixed -use development appear in the Land Uses Allowed Table and the parking code, but these provisions are fragmented and would benefit from greater consistency and clarity. For example, "Dwelling, apartment in a commercial building (two or more units)" are permitted outright in the Office Residential and Auto Commercial zoning districts, while they require a Conditional Use Permit (CUP) in the Central Business and Harbor Commercial zoning districts. Additionally, the parking code outlines regulations for "group use of lots," which further impacts mixed -use projects. Public feedback during these discussions highlighted particular concern with the regulations for apartments in commercial buildings within the Central Business District. Because these projects require a CUP and face ambiguous parking requirements, it is difficult for developers to plan with certainty. Without a clear standard, a developer cannot determine how many apartment units may be feasible, as the Commission has broad discretion in requiring parking as a condition of approval. This creates significant financial and regulatory uncertainty, which discourages development. It was also noted that many existing apartments in commercial buildings within the Central Business District are considered "nonconforming," as they were constructed prior to the CUP requirement. If one of these buildings were destroyed, a CUP would now be required for reconstruction, and the owner would face the same uncertainty as a new developer, with no assurance the building could be rebuilt in its prior form. 67 On July 15, 2025, the Planning and Zoning Commission held a work session, which included discussing mixed -use development and apartments in commercial buildings. The Commission's discussion focused primarily on establishing clear definitions for "mixed -use buildings" and "mixed -use development" and clarifying its treatment within the Land Uses Allowed Table. Parking requirements associated with mixed -use buildings and mixed -use developments were set aside to be addressed later in the context of the broader parking code review already underway. On September 2, 2025, the Planning and Zoning Commission approved Resolution 2025-029 recommending approval of the amendments to Title 15 included in this Ordinance. The effect of the proposed legislation would be to: • Establish a definition of mixed -use development in the Seward City Code. • Permit apartments in mixed -use buildings outright in the Central Business and Harbor Commercial zoning districts. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Strategic Plan: Other: Yes Vol 1, Chapter 2.2 — Community Values • 2.2.8 — City Government: "Continue to review and update the city code." • 2.2.10 — Land Development: "Ensure all adopted codes reflect community values." • 2.2.11 — Economic Base: "Promote infill development by encouraging and promoting construction on vacant sites in areas of the city which are already established." Vol 1, Chapter 3.2 — Land Use • 3.2.1.2 — "Expand the opportunity for affordable, diverse, year- round housing through appropriate land use regulations." Vol 1, Chapter 3.3 — Housing • 3.3.1.1 — "Support a range of housing choices that meet the needs of people in various income and age groups." • 3.3.1.2 — "Create incentives to provide land for housing development within the City of Seward." NA NA Attorney Signature: Kody George Not applicable Comments: 68 Sponsored: Sorensen Introduction: September 22, 2025 Public Hearing: October 13, 2025 Enactment: CITY OF SEWARD, ALASKA ORDINANCE 2025-016 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SEWARD CITY CODE §15.10.140 DEFINITIONS FOR DWELLING, APARTMENT, COMMERCIAL BUILDING; AND MIXED -USE DEVELOPMENT AND TABLE §15.10.226 LAND USES ALLOWED FOR DWELLING, APARTMENT IN A COMMERCIAL BUILDING WHEREAS, according to Seward City Code §15.01.035, the Planning and Zoning Commission by its own motion may recommend amendments to Title 15 to the City Council; and WHEREAS, it is in the best interest of the community to periodically review and update the City zoning code to reflect community changes and needs; and WHEREAS, during Planning and Zoning work sessions discussing housing and parking issues, concerns regarding the lack of clarity for mixed -use buildings and mixed -use developments arose; and WHEREAS, there are no definitions in the Seward City code for mixed -use buildings or mixed -use development; and WHEREAS, the Land Uses Allowed Table allows two or more apartments in a commercial building outright in Office Residential and Auto Commercial zoning districts, and requires a Conditional Use Permit in the Central Business and Harbor Commercial zoning district; and WHEREAS, requiring a Conditional Use Permit in the Central Business zoning district for mixed -use buildings would create several non -conforming structures; and WHEREAS, the Planning and Zoning Commission held a work session on July 15, 2025, to discuss mixed -use developments and apartments in mixed -use buildings and recommend changes; and WHEREAS, the proposed code change is consistent with values and goals expressed in the Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission approved Resolution 2025-029 on September 2, 2025, recommending the City Council approve the proposed changes in code. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: 69 CITY OF SEWARD, ALASKA ORDINANCE 2025-016 Section 1. Seward City Code Title §15.10.140 Definitions is hereby amended to read as follows (new language is in bolded italics and underlined, and deleted language is stricken): B. Specific definitions. (Parenthetical references are for cross-reference only.) In this chapter, unless otherwise provided or the context otherwise requires: 31. Dwelling. A building designed or used exclusively as living quarters for one or more families. c. Apartment, commercial mixed -use building. An apartment located within a building designed to accommodate a mix of residential and commercial non- residential uses. 58. Mixed -use development. A development that combines two or more land uses permitted in the zoning district, such as residential, commercial, and/or public uses in a single building and/or on a single site. Section 2. Seward City Code Title 15.10.226 Land Uses Allowed Table is hereby amended to read as follows (new language is in bolded italics and underlined, and deleted language is stricken): TABLE Zoning District Designations The following zoning district abbreviations are provided for information and interpretation: RR = Rural, very low density single-family residential R1 = Single-family, low density residential R2 = Single and two-family, medium density residential R3 = Single, two and multi -family, high density residential UR = Urban residential, a mix of residential uses and low impact home professional offices OR = Office residential AC = Auto and neighborhood oriented, light commercial HC = Harbor commercial CB = Central business district - dense downtown commercial I = Industrial RM = Resource management - partially developable lands subject to floodplains and steep slopes 70 CITY OF SEWARD, ALASKA ORDINANCE 2025-016 INS = Institutional, public, quasi -public uses P = Parks Table 15.10.226. Land Uses Allowed Key: O — Use Permitted Outright H — Home Occupation C — Use Requires Conditional Use Permit P — Use Requires Administrative Permit Blank — Use Prohibited Zoning Districts Principally Residential Principally Commercial Principally Public Uses RR RI R2 R3 UR OR AC HC CB I RM INS P Dwelling, attached accessory dwelling unit 0 0 0 0 0 0 0 C Dwelling, detached accessory dwelling unit 0 0 0 0 0 0 0 C Dwelling, apartment in a mixed -use O O O O O C commercial building (limited to one unit) Dwelling, apartment in a mixed -use O O O C O C commercial building (two or more units) Dwelling, apartment, studio CCCCC C Dwelling, attached single-family, i.e., townhouse, row CCCCCC C 71 CITY OF SEWARD, ALASKA ORDINANCE 2025-016 Zoning Districts Principally Residential Principally Commercial Principally Public Uses RR Rt R2 R3 UR OR AC HC CB I RM INS P Dwelling, condominium CC C C C C C Dwelling, detached single-family 0 0 0 0 0 0 0 C C Dwelling, group home O O O O O O C Dwelling, guest house 0 0 C Dwelling, multi- family (3 or more units) CCCCCC C Dwelling, two- family or duplex O O O O O C C Dwelling, 0 C watchman or caretaker Section 3. This ordinance shall take effect 10 days upon adoption. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, the 13th day of October 2025. AYES: NOES: AB SENT: ABSTAIN: VACANT: ATTEST: Kris Peck City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Sue McClure, Mayor 72 RESOLUTION 2025-096 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE THE PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS FOR THE PURCHASE OF 2.7 ACRES OF LAND, PHYSICAL ADDRESS 104 BENSON DRIVE, PARCEL 14502302, IN THE AMOUNT OF $580,000 AND APPROPRIATING FUNDS Documents: • Agenda Statement • Resolution 2025-096 • Attachments: o Public Safety Feasibility Study (PD Excerpt) o Tsunami Inundation Map o Resolution 2025-084 o Purchase Sale Agreement o Capital Acquisition Fund 73 City Council Agenda Statement Meeting Date: October 13, 2025 To: City Council Through: Kat Sorensen, City Manager From: Jason Bickling, Deputy City Manager Subject: Resolution 2025-096: Authorizing the City Manager to Enter into and Execute a Purchase and Sale Agreement and Related Documents for the Purchase Of 2.7 Acres of Land, Physical Address 104 Benson Dr, Parcel 14502302, in the Amount of $580,000 and Appropriating Funds Background and justification: In 2023, the City commissioned a Public Safety Feasibility Study (excerpt from Police Department portion attached to this legislation) to determine the current status and future needs of the facilities for the Fire and Police Departments. Both of the current facilities were built in the 1960s following the 1964 Good Friday earthquake. Since those facilities were built, Seward's population has doubled. Staff, equipment size, and technology have increased significantly. Additionally, there were no service needs "across the bay" as the Nash Road extension and SMIC hadn't been developed. All of these factors significantly impact the facility size required. The official feasibility study determinations were that the facilities were outdated, significantly undersized in both interior and exterior spaces, and don't meet the current code requirements and recommendations for police and fire professional organizations. It was also determined that the Fire Department and Police Department do not need to be co -located. While both departments are in public safety, functionally there is very little overlap, and there will not be significant cost savings by co -locating. Additionally, co -location has the potential to create vulnerability. If a co - located facility were made inoperable by a disaster, both police and fire services would be lost. The feasibility study determined that the minimum lot size for an adequate police department facility is around two acres. In addition to the Police Department, this facility would house the City's Dispatch Center as well as the Emergency Operations Center (EOC) that would be stood up in the event of a disaster or significant emergency situation. This vital facility needs to be located outside of the 2022 UAF Tsunami Inundation Zone (map attached). The City does not purchase land without careful consideration of both current and future community needs, recognizing that developable land in Seward is limited and that, in many cases, addressing middle housing solutions must take priority. When the City does move forward with a purchase, it is because the property has been identified as essential to meeting long-term needs — not just for today, but for decades to come. 74 In recent years, the City has sold over six acres of land. The list below is the year of the sale, the property size, the price, and the price per acre. 2021 — Chugachmiut Clinic Property: 3.31 acres $663,500 ($200,453 per acre) 2022 — Alutiiq Pride Marine Institute Property: 1.5 acres $500,000 ($333,333 per acre) 2023 — Seward City Tours: 1.4 acres $290,000 ($207,142 per acre) The current property is 2.7 acres for $580,000 ($214,815 per acre). This aligns with the price the City has sold land for, accounting for inflation over the last few years. The city just recently closed on the sale of the Alutiiq Pride property. These funds will contribute to the purchase of this property. This future facility will not have a jail in it. The city ceased operating the state jail two years ago as they were not funding it fully. The City paid hundreds of thousands of dollars from City funds annually (taxpayer dollars) as the state was only meeting half of their funding obligation. Additionally, the City could not compete with Spring Creek Correctional Facility for staff, as they have higher hourly pay, signing bonuses, and significant overtime opportunities. It has also been determined that keeping the DMV facility in City Hall will best serve the public, as it is a community business operation rather than a police function, and citizens need access to the Finance Utility Counter for proof of residence. Removing the jail and the DMV from the police facility will help shrink the square footage needed and reduce the cost of the building. In summary, this is a good property for the city to purchase: • It aligns with the Comprehensive Plan: 2.2.9 Public Safety: o Support adequate police services and equipment o Maintain an effective public safety communications system in Seward • The price is fair market value • It meets the size needs of the future facility requirements as determined by the study • It is outside of the most recent update of the Tsunami Inundation Zone • It is in close proximity to all three Seward Schools • For the EOC, the emergency shelter is in the high school and the supplies are in the adjacent Borough maintenance facility Administration has heard concerns from the public about potential traffic impacts of placing a police station in a residential neighborhood. On a day-to-day basis, the Police Department generates very little traffic. The department no longer provides public services such as fingerprinting, and —unlike the Fire Department —officers do not typically respond from the station but directly from the field. At any given time, only two to three officers are on duty, working 10- to 12-hour shifts, and they spend 60-70% of their time in the field rather than at the station. This results in far fewer vehicle trips than most other uses of the property. For comparison, if the parcel were developed for housing —whether a dozen single-family homes or multi -unit apartments —it would create significantly more traffic. To further ease concerns, the City has also engaged with the school district and Borough about establishing additional access points through school property to help disperse traffic flow. 75 Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 2.2.9 Public Safety: Support adequate police services and equipment, Maintain an effective public safety communications system in Seward 3.7.1.3 Continue to improve the quality and efficiency of city governmental services Strategic Plan: Other: Certification of Funds Total amount of funds listed in this legislation: $ 580,000 This legislation (✓): Creates revenue in the amount of: Creates expenditure in amount of: Creates a savings in the amount of: Has no fiscal impact X Funds are (✓): Budgeted Line item(s): Not budgeted Not applicable X $ $ 580,000 $ Affected Fund (✓): General Boat Harbor Motor Pool Available Fund Balance SMIC Parking Other Electric Water $ Wastewater Healthcare Note: amounts are unaudited Finance Director Signature: ult. 3 9"zote X Yes Attorney Signature: /s/ Kody George Not applicable Comments: Administration Recommendation X Adopt Resolution Other: 76 Sponsored by: Sorensen CITY OF SEWARD, ALASKA RESOLUTION 2025-096 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE THE PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS FOR THE PURCHASE OF 2.7 ACRES OF LAND, PHYSICAL ADDRESS 104 BENSON DRIVE, PARCEL 14502302, IN THE AMOUNT OF $580,000 AND APPROPRIATING FUNDS WHEREAS, the City of Seward commissioned R&M to conduct a public safety feasibility study in 2023 to determine the current status and future needs of the police and fire department facilities; and WHEREAS, that study determined that the current Police Department facilities are significantly undersized and outdated; and WHEREAS, this proposed facility would house the Police Department, Dispatch, and Emergency Operations Center with a minimum lot requirement of approximately 2 acres; and WHEREAS, the property in question is 2.7 acres and is located completely out of the Tsunami Zone (UAF 2023) and in close proximity to the Seward Schools and Emergency Shelter location; and WHEREAS, the selling price is in line with what the city has sold land for in recent years and thus an appraisal is not necessary; and WHEREAS, in order for the city to pursue funding, we need to have a site chosen and land acquired. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Council finds it is in the public's interest to enter into a purchase and sale agreement with Cara Osenga via sole source negotiation pursuant to Seward City Code 7.05.120 and 7.05.135, under the essential terms and conditions in the attached Purchase and Sale Agreement. Section 2. The attached Purchase and Sale Agreement is hereby approved and the City Manager is hereby authorized to execute the Purchase and Sale Agreement in substantially the same form as attached hereto and to make such corrections and execute related documents as may be necessary to fulfill the intent of this resolution on behalf of the City of Seward. Section 3. Funding in the amount of $580,000 and execution costs is hereby appropriated from the Capital Acquisition Fund Land Capital Outlay Account 80010-0000-8100. 77 CITY OF SEWARD, ALASKA RESOLUTION 2025-096 Section 4. This resolution shall take effect immediately. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 13tn day of October 2025. AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Kris Peck, City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Sue McClure, Mayor 78 Resolution 2025-096 Existing Conditions: Police Dept Seward Police Department has done an admirable job of maintaining its existing facility which is far beyond its useful life. The facility itself lacks the space and infrastructure to meet modern policing standards for internal and external operations and to provide safety of staff and the public and housed offenders. Its public -facing services within the building are very limited and not welcoming as well as not providing current accessibility standards for visitors or staff. The new facility planning should not only look to the needs identified in the subsequent section but look ahead to future goals of Seward Police services. Those goals are primarily identified as: Provide an open and inviting public lobby as well as community space for the city of Seward • Provide adequate spaces and technology to serve the Police and civilian staff in an efficient and secure facility. • Provide a modern, secure jail to humanly house adult male and female offenders as well as limited juveniles. • Acting as an Dispatch Center for police operations The primary goal for the replacement of the existing Police Department facility is to improve operational deficiencies, including internal relationships between departments, enhanced security measures to protect public facing staff and provide a secure process for receiving and processing sensitive evidence as well as defining the secure police staff and incoming offender entry points with modern jail facilities that meet all requirements of the American Correctional Association physical plant standards. City of Seward :: Public Safety Building Needs Assessment & Site Selection Report December 22, 2023 R&M Consultants / KPB Architects / Integrus Architecture 10 Resolution 2025-096 Existing Conditions: Police Department SERVERS PATROL CHIEFS OFFICE DEPUTY CHIEF OFFICE HALLWAY ADMIN DISPATCH BREAK WOMEN T. CORRIDOR LOBBY RECEPTION TA UP COUNCIL ROOM CITY PLANNER FIRST FLOOR MEN T. CITY CLERK UTILITY OFFICE OFFICE OFFICE BILLING VAULT OFFICE COMPTROLLER VEST JUVENILE/ WOMEN V I/ FAN JUVENILE/ WOMEN GAURD ST. T. VISITOR CORRIDOR MAX SECURITY DETOX C BOILER RM STORAGE DAY ROOM MAINT SHOP 4 STORAGE BASEMENT R&M Consultants / KPB Architects / Integrus Architecture 0 4' 8' 16' City of Seward :: Public Safety Building Needs Assessment & Site Selection Study December 22, 2023 80 Resolution 2025-096 Existing Conditions: Police Department GENERAL • The facility is currently located within a tsunami inundation zone. • There is known to be asbestos building materials within the existing facility. • In general, almost every space does not have the space that it requires for proper and safe storage of materials. • Security is highly deficient in the existing facility. There is no separation of public and police staff zones. • Most systems within the building have degraded or do not provide the appropriate infrastructure for current needs including: • HVAC system is far beyond its useful life • IDF and IT infrastructure is within the building but has been in a "make do" situation. • Plumbing • Electrical PUBLIC The public entrance to the existing station is not ADA accessible, refer to Fig.18 with individual shown for scale. This is problematic in that special accommodation must be made when access is needed prior to access. The public lobby is undersized, and reception/dispatch does not have a visual connection to the lobby. Once the Lobby is reached, further ADA access is not provided. There is no control over the public accessing private office space upon entry, and if the admin personnel need to step away for a moment, the public can access the "secure zone" without permission. A new facility should have a welcoming lobby, but also provide an access point between the lobby and police administrative functions. Public access to fingerprinting and inmate visiting is through the jail booking area, refer to Fig.19 showing basement access door. Stairs up to grade are behind door labeled 'EXIT'. It should be accessible from or at the lobby. Administration City of Seward Public Safety Building Needs Assessment & Site Selection Study December 22, 2023 R&M Consultants / KPB Architects / Integrus Architecture 81 Resolution 2025-096 Existing Conditions: Police Department • The Police Chiefs office space is too small and does not provide meeting space within the office, refer to Fig. 20 • The overall Administration area is also too small and not properly located to the areas served. • Most offices are undersized and do not accommodate meeting space within the office. PATROL • Patrol is currently sized for 1 -2 officers, but up to 4 officers may use the office at one time, refer to Fig. 21 and Fig. 22 • A properly outfitted patrol room with file storage, equipment storage and other needs does not exist. • Dedicated staff and patrol entry points are not provided, as well as secure parking for staff. • Dedicated spaces for various interview needs are not provided. • Locker rooms and staff training areas are nonexistent or inadequate. • Evidence receiving, processing and storage does not have a secure transfer process and storage is inadequate and not designed to current standards, refer to Fig. 23 • Drug testing area is not properly provided. • Space for large evidence or vehicle storage does not exist. • Secure parking for Police services and staff is not provided. Public parking is limited. R&M Consultants / KPB Architects / Integrus Architecture City of Seward :: Public Safety Building Needs Assessment & Site Selection Study December 22, 2023 82 Resolution 2025-096 Existing Conditions: Police Department BREAK / LUNCH • Break room is too small to accommodate staff, Kitchen area is inadequate and not sized for future growth, refer to Fig. 24 JAIL • ACA standards are not accommodated. • Existing cells do not meet current ADA standards. • Lack of natural Lighting, refer to Fig. 25 • Access to personal hygiene and plumbing fixtures. Only one shower is functional. • The ability to properly classify inmates by security levels is limited. • Adequate dayroom space is not provided. • Line of sight supervision not provided without staff moving to each area, refer to Fig. 26 • No secure outdoor recreation. • Inadequate space allowed for storage of supplies, clothing, etc. • Intake/Booking area is not ADA accessible and secure passageway from a Vehicle Sallyport does not exist. • The storage room for issued inmate clothing mixes inmate property with inmate personal clothing and property, and staff uniforms, refer to Fig. 27 • Jail Kitchen primarily prepares frozen meals. If this was to change, equipment is not provided to accommodate. Appliances are residential quality and need updated. Food storage is adequate for 1 to 2 weeks' worth of supplies. TRAINING • There are currently no training facilities on site, GROUNDS • Public parking is inadequate. • Secure Patrol and Staff parking is not provided. • Secure vehicle sally port for incoming arrestees is not provided. City of Seward Public Safety Building Needs Assessment & Site Selection Study December 22, 2023 R&M Consultants / KPB Architects / Integrus Architectu Resolution 2025-096 Space Needs Assessment The following spreadsheets summarize the Design Team's findings for the space needs of the City of Seward Public Safety Departments; Police, Fire, Emergency Medical Services, Building Department, and Department of Motor Vehicles. The summary sheet includes existing square footages for each department, the current need, and the future need based on growth projections over 20 years. SPACE PLANNING SUMMARY - BUILDING DEPARTMENT GROUP EXISTING SF CURRENT NEED SF FUTURE NEED SF FIRE DEPARTMENT Public 639 3,428 3,428 Administration 936 2,706 3,246 Living 2138 3,700 4,680 Duty Crew Report 0 200 200 Apparatus 3274 10,540 10,540 Fire Dept. Subtotal 6,987 20,574 22,094 Grossing Factor @ 35% - 7,201 7,733 FIRE DEPT TOTAL BUILDING AREA (SF) 6,987 27,775 29,827 POLICE DEPARTMENT Public Access Zone 940 3,500 3,500 Police Administration Zone 565 1,740 1,740 Department of Motor Vehicles 472 625 635 Patrol 235 1,510 1,660 Evidence 200 935 935 Police Operation Support Services 80 3,500 3,500 Detention 1,185 3,750 3,750 Police Dept. Subtotal 3,677 15,560 15,720 Grossing Factor @ 35% - 5,446 5,502 POLICE DEPT TOTAL BUILDING AREA (SF) 3,677 21,006 21,222 SPACE PLANNING SUMMARY - SITE DEPARTMENT GROUP EXISTING SF CURRENT NEED SF FUTURE NEED SF FIRE DEPARTMENT Site Development 3,750 25,500 25,500 POLICE DEPARTMENT Site Development 800 22,300 24,100 TOTAL SITE AREA (SF) 4,550 47,800 49,600 City of Seward :: Public Safety Building Needs Assessment & Site Selection Report December 22, 2023 R&M Consultants / KPB Architects / Integrus Architecture 84 Space Needs Matrix Resolution 2025-096 Refer to space plans for preliminary layouts and additional information. R&M Consultants / KPB Architects / Integrus Architecture POLICE DEPARTMENT SPACE PLANNING Number Room Designation Existing Space Current Need Future Need Operational Requirements Qty Total SF Qty SF/ Room Total SF Qty Total SF PUBLIC ACCESS ZONE P.01 Public Lobby 1 450 1 800 800 1 800 P.02 Public Restrooms 1 350 2 225 450 2 450 P.03 Interview 1 110 1 80 80 1 80 P.04 Fingerprint 0 - 1 80 80 1 80 P.05 Expired Drug drop box 0 - 1 40 40 1 40 P.06 Public Service Counter 1 30 1 50 50 1 50 P.07 Meeting/Training and Public Community Room 0 - 1 2,000 2,000 1 2,000 Subtotal Public Access Zone 940 3,500 3,500 POLICE ADMINISTRATION ZONE P.10 Reception/Dispatch 1 180 1 400 400 1 400 P.11 Restrooms 0 - 2 120 240 2 240 P.12 Police Chief Office 1 120 1 300 300 1 300 P.13 Administrative Assistant 1 75 1 140 140 1 140 P.14 Deputy Chief Office 1 110 1 210 210 1 210 P.15 AV Closet 1 80 1 100 100 1 100 P.16 Police Chief Conference Room 0 - 1 350 350 1 350 Subtotal Police Administration Zone 565 1,740 1,740 DEPARTMENT OF MOTOR VEHICLES V.1 Waiting 1 320 1 350 350 1 350 Accommodate 15 people V.2 Testing 1 16 1 10 10 2 20 1 kiosk provided by State, growth to 2 V.3 Photo 1 16 1 10 10 1 10 V.4 Clerk Workstation 1 120 1 150 150 1 150 V.5 Small Meeting Room 0 - 1 105 105 1 105 Private conversation area; adjacent to DMV office Subtotal Dept of Motor Vehicles 472 625 635 PATROL P.25 Sargents Office 0 - 1 150 150 2 300 P.26 Squad Room 1 215 1 650 650 1 650 P.27 Ammunition Storage 1 20 1 80 80 1 80 P.28 Armory 0 - 1 120 120 1 120 P.29 Weapons Cleaning Room 0 - 1 80 80 1 80 P.30 Interview Room 0 - 1 100 100 1 100 P.31 Forensic Child Interview/Observation 0 - 1 230 230 1 230 P.32 Observation Room 0 - 1 100 100 1 100 Subtotal Police Administration Zone 235 8 1,510 1,510 1,660 EVIDENCE P.35 Incoming Evidence Processing 0 - 1 200 200 1 200 Space for Patrol Officers to label and submit evidence P.36 Evidence Processing 1 50 1 125 125 1 125 In Evidence Storage P.37 Evidence Storage 1 150 1 400 400 1 400 Secured P.38 Drying Room 0 - 1 60 60 1 60 P.39 Tech Office 0 - 1 150 150 1 150 Subtotal Police Administration Zone 200 935 935 City of Seward : Public Safety Building Needs Assessment & Site Selection Report December 22, 2023 85 Resolution 2025-096 Space Needs Matrix POLICE DEPARTMENT SPACE PLANNING Number Room Designation Existing Space Current Need Future Need Operational Requirements Qty Total SF Qty SF/ Room Total SF Qty Total SF POLICE OPERATIONS SUPPORT SERVICES P.45 Staff Lockers/Shower - Male 0 - 1 840 840 1 840 P.46 Staff Lockers/Shower - Female 0 - 1 400 400 1 400 P.47 Fitness Room 0 - 1 600 600 1 600 P.48 Equipment Room 0 - 1 100 100 1 100 P.49 Kitchen/Break Room 1 80 1 500 500 1 500 IncLudes oven/range and hood, refer, dishwasher, etc P.50 Outdoor patio 0 - 1 200 200 1 200 Patio or internal Atrium P.51 Quartermaster 0 - 1 200 200 1 200 P.52 Trash Enclosure 0 - 1 60 60 1 60 P.53 Dormitory space for Recruits 0 - 1 300 300 1 300 P.54 Mothers Room 0 - 1 60 60 1 60 P.55 Storage 0 - 2 120 240 2 240 Subtotal Police Support Services 80 3,500 3,500 DETENTION P.60 Safety Cell 1 100 2 80 160 2 160 Detetion area could be a lower level if daylighting is provided P.61 Cell - Male 1 300 5 80 400 5 400 P.62 Cell - Female 1 100 2 80 160 2 160 P.63 Cell - Juvenile 0 - 1 80 80 1 80 P.64 Visiting 0 - 2 80 160 2 160 P.65 Shower 1 15 1 50 50 1 50 P.66 Auto Sallyport 0 - 1 1,200 1,200 1 1,200 P.67 Processing/Booking 1 100 1 320 320 1 320 P.68 Property Storage 1 200 1 300 300 1 300 P.69 Laundry 1 100 2 100 200 2 200 P.70 Drying Room 0 - 2 60 120 2 120 P.71 Drug/Firearm Storage 0 - 2 50 100 2 100 P.72 Dayroom 1 270 1 500 500 1 500 Subtotal Detention 1,185 3,750 3,750 GROUNDS S.01 Secure Fenced parking 1 1 6,000 6,000 1 7,000 Space for 20 staff/patrol vehicles (5 covered stalls) S.02 Impounded Vehicle Bays 1 1 3,000 3,000 1 3,500 Space for 10 vehicles S.03 Seized Vehicle garage 1 800 1 900 900 1 1,200 Space for 3 vehicles S.04 DMV Driving test grounds 0 - 1 10,000 10,000 1 10,000 Testing currently occurs on public roads. Can be combined w/ FD general parking S.05 DMV Staff parking 1 600 600 1 600 2 parking spaces for DMV staff Can be combined w/ FD general parking S.06 DMV Visitor parking 1 1,800 1,800 1 1,800 6 parking spaces for DMV visitors Can be combined w/ FD general parking Subtotal Grounds 800 22,300 24,100 City of Seward : Public Safety Building Needs Assessment & Site Selection Report December 22, 2023 Refer to space plans for preliminary layouts and additional information. R&M Consultants / KPB Architects / Integrus Architecture Resolution 2025-096 Site Analysis CURRENT FACILITY SITES All departments being considered in this Public Safety Building Needs Assessment and Site Selection Study are currently located on a 1.85-acre campus comprised of two sites: City Hall, and the Fire Station Complex. This campus is in the heart of Downtown Seward and the public safety facilities are approaching or beyond their anticipated design life and are not sufficiently meeting the needs of the community as noted in Needs Assessment portion of this report. FIRE AND POLICE SERVICE AREA Seward Fire Department and Police Department service all areas within city limits and provide mutual aid to neighboring agencies. When backup is needed, it is typically by State Troopers or other first responders outside of city limits, such as in Bear Creek or Lowell Point Fire Department. See Needs Assessment for more information. Figure 1. City of Seward Boundary Map CRITERIA FOR SITE SELECTION Site evaluation is an essential step when exploring renovation of an existing facility, acquisition of an adaptive re -use facility, or new construction for public facilities. Opportunities for a single shared facility or combination of multiple facilities on separate or shared sites are being considered and will be dependent on available compatible sites and programming recommendations. Locational considerations are crucial to ensure facilities are properly located for effectiveness and their ability to response to emergency situations. Multiple resources on facility planning and site selection studies were reviewed to inform this effort, including Police Facilities Planning Guidelines by the International Association of Chiefs of Police, to ensure best practices are being applied. Some locational considerations will be more significant to some departments than others; for example, ease of accessibility for the public will be very important for the Building Department and Department of Motor Vehicles who are customer -facing services, but less significant for Dispatch. Therefore, each site will be evaluated using the locational considerations for each department or programmed department pairings as defined in the Needs Assessment. Sites are being evaluated for their ability to comply with or support the following considerations and meet minimum requirements where noted. R&M Consultants / KPB Architects / Integrus Architecture City of Seward :: Public Safety Building Needs Assessment & Site Selection Report December 22, 2023 Resolution 2025-096 Site Analysis LOT SIZE AND CONFIGURATION SIZE The site should be appropriately sized to accommodate the square footage of anticipated building(s), associated parking, turnaround spaces, storage, and other accessory structures. Lot size should be based on future need to ensure sufficient space for expansion if the new facility(s) are not fully built out at time of construction. Table 1. Site Size Estimations Future Need Building Size (sq. ft.) Future Grounds Need (sq. ft.) Site Size (sq. ft.) Fire Station 29,827* 25,500 Approx. 100,000 (2.2-2.4 acres) Police Station 21,087^ 24,100 Approx. 85,000 (1.8-2.1 acres) Combined Building 47,874- 37,200 Approx.125,000 (2.7-3.1 acres) Combined Campus (separate buildings, same site) 50,914 37,200 Approx.130,000 (2.8-3.2 acres) CONFIGURATION / SHAPE The shape of a parcel can limit site design options, especially for fire stations where parking and maneuvering of large vehicles occurs daily. Triangle or highly irregularly shaped parcels are not recommended due to inefficiency and limitations, unless they are larger than the recommended site size and comply with other locational criteria of particularly high value. Fire station apparatus bays typically require long street frontages on either side, so unless there is a pull -through option for street access on either side, sites without right-of-way on the longer sides of the parcel should be avoided. VEHICULAR & PEDESTRIAN ACCESS The site must have enough space for department vehicles to maneuver safely and reliably, including ingress and egress to the site, within the site, and in and out of the apparatus bays as needed. While site design and circulation layout are not yet known, vehicular maneuvering space, employee parking, and vehicle storage needs have been taken into considering in the Site Size calculation shown under Lot Size & Configuration. Opportunities for appropriate driveway/access points that accommodate emergency response vehicles' turning radius, have sufficient sight distance and separation from other driveways or intersections, and manageable travel speeds of vehicles on access roads should be taken into consideration. Access roads to a public safety building should be of sufficient width to allow for vehicles to pull over/yield to responding emergency vehicles (fire truck) and be well City of Seward Public Safety Building Needs Assessment & Site Selection Report December 22, 2023 R&M Consultants / KPB Architects / Integrus Architecture 88 Resolution 2025-096 89 Resolution 2025-096 Sponsored by: Sorensen Public Hearing: September 8, 2025 CITY OF SEWARD, ALASKA RESOLUTION 2025-084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE PURCHASE OF PARCEL 14502302 (LEGAL DESCRIPTION: T 1S R 1W SEC 4 SEWARD MERIDIAN SW 0830032 JESSE LEE HEIGHTS SUB ADDN NO 2 LOT 2) WHEREAS, the Public Safety Feasibility Study determined that the current Police Department facilities are significantly undersized, inefficient, and do not meet current code; and WHEREAS, this property was a site consideration during the Public Safety Feasibility Study discussions; and WHEREAS, the 2.7-acre property at 104 Benson Drive was recently put up for sale; and WHEREAS, approving this resolution gives the City Manager the authorization to discuss and negotiate with the seller, and WHEREAS, if a tentative agreement is reached, it would be brought back before council in a resolution with a public hearing to approve the purchase price and purchase and sale agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Council hereby authorizes the City Manager to negotiate the purchase of parcel 14502302 (Legal Description: T 1S R 1W SEC 4 SEWARD MERIDIAN SW 0830032 JESSE LEE HEIGHTS SUB ADDN NO 2 LOT 2). Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska this 8th day of September 2025. THE CITY OF SEWARD, ALASKA Inc O> (�c. C'Q.t�w Sue McClure, Mayor 90 Resolution 2025-096 CITY OF SEWARD, ALASKA RESOLUTION 2025-084 Page 2 of 2 AYES: Warner, Crites, Wells, McClure NOES: Finch ABSENT: Barnwell ABSTAIN: Osenga ATTEST: Kris Peck City Clerk (City Seal) , otsIIltI,, .stA of SE47s.� c,..0-No% • SEAL . ory Q g- 91 Resolution 2025-096 AGREEMENT TO PURCHASE AND EARNEST MONEY RECEIPT This Agreement to Purchase and Earnest Money Receipt ("Agreement") describes the terms and conditions of sale of the below - described real property and shall be effective as of the latest of the dates on which this Agreement is signed by representatives of Buyer and Seller, as indicated on the signature page(s) below (the "Effective Date"). This is a legally binding contract. Read carefully before signing. If not understood, seek competent legal advice. The Parties must clearly checkmark the boxes and fill in any blanks that apply to this Agreement, initial, and sign where indicated. SELLER: Cara Osenga BUYER: The City of Seward Seller agrees to sell and Buyer agrees to buy, on the terms and conditions herein, the following described real property having a street address of: 104 Benson Drive, Seward AK 99664 For Property known as: Lot 2, Jesse Lee Heights Addition No. #2, according to Plat No. 83-32, Seward Recording District, Third Judicial District, State of Alaska, (herein, the "Property") as more particularly described on Exhibit A attached hereto. 1. PURCHASE AGREEMENT TERMS 1.1 Purchase Price to be: $ 580,000 1.2 Purchase is contingent on the Buyer's governing body, the Seward City Council, appropriating funds and authorizing the terms and conditions of this Agreement as required under SCC Title 7.05 during the Inspection Period. Failure of the City Council to appropriate funds and approve the terms of this Agreement during the Inspection Period will terminate this Agreement without penalty to Buyer and will not be considered a breach of this Agreement; provided, however, Buyer agrees to apply immediately after the Effective Date for and diligently and in good faith pursue the approval and appropriation of the funds for the purchase. 1.3 Earnest Money shall be in the amount of $ 8,000.00 in the form of ❑ Cashier's Check ❑Personal Check ❑ Promissory Note; or ❑X wire transfer. Buyer shall deposit the earnest money within ten (10) business days in the Trust Account of Marathon Trust Real Estate, which shall hold earnest money in trust pursuant to a separate escrow agreement, if such escrow agreement is required by the escrow agent. 1.4 All Cash Offer. BUYER agrees to supply SELLER within the Inspection Period evidence of appropriation of sufficient funds and/or proceeds necessary to close the transaction. 1.5 Title/Escrow Company: Address: Attn: Lender: None 1.6 The consummation of the transaction contemplated by this Agreement (the "Closing") shall be on or before fifteen (15) days after the expiration of the Inspection Period. "Closing Date" is defined as: The day that the deed is recorded to transfer right, title and interest to the property to Buyer and consideration is paid to Seller. At Closing, Seller shall deliver to Buyer the following documents: (a) A special warranty deed (the "Special Warranty Deed"), conveying title to the Property to Buyer in fee simple, free and clear of all liens and encumbrances whatsoever, except for the Permitted Exceptions (as hereinafter defined), and warranting the title to the Property against the lawful claims of all persons claiming by, through or under Seller, but no further or otherwise. (b) An affidavit complying with Section 1445(b)(2) of the Internal Revenue Code of 1986. (c) Such other documents as are consistent with the terms of this Agreement and reasonably required to close the transaction contemplated by this Agreement. At Closing, Buyer shall deliver to Seller the following documents: Buyer's initials Date Buyer's initials Date Seller's initials Date Seller's initials Date 4820-7455-1540v3 92 Resolution 2025-096 (a) The Purchase Price in immediately available funds. (b) Such other documents as are consistent with the terms of this Agreement and reasonably required to close the transaction contemplated by this Agreement. 1.7 Possession: shall be 1=1 On delivery or recording of the deed, subject to existing leases or ❑ Subject to occupancy agreement. 2. CLOSING COSTS Closing fees and costs shall be paid by the parties on the Closing Date, as follows: 2.1 Seller and Buyer shall split the escrow closing fee in equal shares. Each party shall bear its own legal fees and costs, and any other closing costs not listed herein shall be paid by the parties in equal shares. 2.2 Seller shall be responsible for tax registration, real estate broker compensation, owner's title insurance and if applicable and any assessments and/or liens against the Property. 2.3 Buyer shall be responsible for all fees and costs related to any endorsements to the Owner's Title Insurance requested by Buyer, any sales tax and any fees due to lending requirements not specifically covered herein (if applicable), and recording fee. 3. CONTINGENCIES The contingencies listed below or on attached addendum shall be deemed to have been released, waived, or satisfied, and this Agreement shall continue to the Closing Date, unless, by the date specified for each contingency ("Release Date") the Party requesting that contingency has notified the other Party in writing that the contingency is not released, waived, or satisfied. If a Party has notified the other Party prior to the release date that a contingency is not released, waived, or satisfied, this Agreement is terminated, and earnest money will be returned to the buyer, unless the Parties negotiate other terms or conditions. Buyer shall provide Seller, at no cost, copies of all reports and documents regarding the Property obtained as a result of the below described contingencies within five (5) days of receipt. 3.1 Title Contingency. Seller shall order promptly after the Effective Date and provide Buyer with a preliminary title report (the "Title Commitment") for the Property. This Agreement is contingent upon Buyer's receipt and approval (to Buyer's satisfaction, subject to the terms of this Section 3.1 of the Title Commitment). Release Date: Buyer will have ten (10) days from receipt of the Title Commitment to raise objections by written notice thereof (the "Title Defect Notice") from Buyer to Seller. If Buyer timely delivers the Title Defect Notice to Seller, Seller, at Seller's expense, will have the option, but not the obligation, within thirty (30) days from receipt of Buyer's Title Defect Notice to remove the title defects and encumbrances set forth in the Title Defect Notice, with the exception of any deeds of trust, mortgages, mechanic's or materialmen's liens (arising by or through Seller), tax liens and judgment liens, which Seller shall remove at or prior to the Closing. If the Seller is unable or elects not to correct the defects and encumbrances set forth in the Title Defect Notice within such thirty (30) day period, the Buyer shall elect (at Buyer's sole option) by written notice (the "Title Election Notice") to Seller within ten (10) business days after receipt of Seller's election not to correct such defects and encumbrances either (i) to accept title subject to the defects and encumbrances which are not cured and proceed to Closing without reduction of the Purchase Price in which event such defects and encumbrances shall become Permitted Exceptions, or (ii) to terminate this Agreement whereupon all earnest money paid by Buyer will be immediately returned to Buyer, in such event, Seller will be liable for any cancellation fee for the Title Commitment. Buyer's failure to deliver the Title Election Notice within such ten (10) business days, shall conclusively be deemed to be Buyer's election to accept title subject to the defects and encumbrances which are not cured and proceed to Closing without reduction of the Purchase Price. "Permitted Exceptions" is defined as: (1) general and special taxes, including special assessments and personal property taxes, if any, a lien not delinquent, for the fiscal year including the Closing Date; (2) exceptions on record, including, without limitation, those shown on the Title Commitment except those matters which Seller has agreed in writing to cause to be removed at or before Closing; (3) matters arising by or under Buyer, (4) all matters on an ALTA survey if Buyer obtains such, at its sole cost and Buyer's initials Date Buyer's initials Date Seller's initials Date Seller's initials Date 4820-7455-1540v3 93 Resolution 2025-096 expense, or that would be disclosed by an ALTA survey of the Property if Buyer elects not to obtain such, (5) existing zoning restrictions promulgated by the applicable governmental authorities and affecting the Property as of the Effective Date, and (6) existing leases. 3.2 Inspection Contingency. Buyer ❑X is not waiving the inspection contingency and is entitled to inspect the Property as described in the Inspection Agreement Addendum, which is incorporated into this Agreement. 3.3 Conforming Development. In addition to any other contingencies identified in this Agreement, the Buyer's offer is contingent on the Property and the uses therein fully complying with Seward City Code. If for example, the Property is deemed to be nonconforming or noncompliant, Buyer may terminate this Agreement without penalty. Seller agrees to authorize Buyer to submit —at Buyer's sole cost —a variance application with the City Clerk. SCC 15.10.325. 4. REPRESENTATIONS AND WARRANTIES 4.1 Title. The Seller shall convey title by Special Warranty Deed_ Title shall be, at closing date,free and clear of all liens and encumbrances, except Permitted Exceptions. 4.2 Condition of the Property. Buyer represents and warrants to Seller and Licensee(s) associated with this Agreement that Buyer is completing Buyer's own independent due diligence, inspections and investigations of the Property, and of matters listed as Contingencies and Disclosures, in Paragraphs 3.3 and 6 of this Agreement, respectively, unless waived, and that the decision to purchase is not based upon any representations or warranties of Seller or any Licensee(s) associated with this Agreement, expressed or implied (which includes, but is not limited to the property's square footage, septic system, latent defects, plumbing, heating, electrical systems, fixtures, appliances, roof, sewer, soil conditions, foundation, structural conditions, insulation, and compliance with state, federal and municipal law), but solely upon the independent due diligence, investigations and inspections of Buyer. 4.3 Damage or Destruction. Seller agrees, in the event that the Property is destroyed or materially damaged prior to the Closing Date, the earnest money shall be returned to the Buyer and this Agreement is terminated, unless the Parties agree otherwise in writing. Any insurance or utilities prepaid by Buyer will be reimbursed by Seller, but Seller shall not reimburse Buyer for other costs incurred, including costs related to appraisal and inspection. 4.4 Representations of Funds. Subject to Section 1.2 above (appropriation by the Seward City Council), the Parties represent and warrant that they have sufficient funds to comply with the terms and conditions of this Agreement and are not relying on any contingent source of funds Buyer shall establish tax and insurance reserves, as appropriate. If Buyer neglects or refuses to comply with any of the conditions, to make all required payments promptly, Buyer becomes unable to qualify for financing, fails to provide lender with necessary information to process an application, lacks sufficient funds to close, or otherwise fails to comply with this Agreement, then the earnest money and additional earnest money, if any, shall be forfeited to Seller. 4.5 Use and Operation of the Property. Seller represents and warrants to Buyer, as of the Effective Date of this Agreement through the Closing Date, the Property will be used, operated and managed by the Seller in a manner consistent with the way the Property is currently being used, operated and managed. Seller will not execute or modify any existing lease or other agreement regarding the Property, without first obtaining the written consent of Buyer. 5. DISCLOSURES 5.1 Environmental and Regulatory. To the actual knowledge of Seller, and except as expressly disclosed in writing to the Buyer by the Seller on the Effective Date, Seller represents and warrants to Buyer that there has been no release of Hazardous Substances, as defined in this Section, in, on, onto, under, or from the Property prior to the Closing Date, there are not now any underground storage tanks located on the Property, whether presently in service or closed, abandoned, or decommissioned, and no underground storage tanks have been removed from the Property in a manner not in compliance with applicable federal, state, and local laws; there is no pending or written notice of a threatened litigation affecting, involving, or relating to the Property or any portion thereof; and no civil or criminal proceedings or investigations have been instigated at any time or are now pending, and no written notices, claims, Buyer's initials Date Buyer's initials Date Seller's initials Date Seller's initials Date 4820-7455-1540v3 94 Resolution 2025-096 demands, or orders have been received, arising out of any violation or alleged violation of, or failure to comply with, any federal, state, or local law applicable to the Property or its use. "Hazardous Substances" shall include pollutants or substances defined as hazardous waste, hazardous substances, hazardous materials, pollutants, contaminants, or toxic substances in the Comprehensive Environmental Response Compensation and Liability Act of 1980 (CERCLA), 42 U.S.C. § 9601 et seq., as amended; in the Superfund Amendments and Reauthorization Act of 1986 (PL 99- 499), as amended; in the Hazardous Materials Transportation Act, 49 U.S.C. § 1801 et seq., as amended; in the Toxic Substance Control Act, 15 U.S.C. §2601 et seq., as amended; the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., as amended; the Clean Water Act, 33 U.S.C. § 1251 et seq., as amended; or the Alaska hazardous substance liability law (A.S. 46.03.822). Each of the representations and warranties of Seller contained in this Agreement or any documents executed pursuant hereto or in connection herewith shall survive for a period of six (6) months following the Closing Date (the "Survival Period"). Any claim which Buyer may have against Seller for a breach of any such representation or warranty, whether such breach is known or unknown, which is not specifically asserted by written notice to Seller within the Survival Period shall not be valid or effective, and it shall be deemed released and Seller shall have no liability with respect thereto. 6. DISCLOSURES OF INFORMATION Upon written request, Seller shall deliver to Buyer the following information and documents regarding the Property to the extent they exist and are in Seller's possession: building plans, as -built survey, and service contracts, if any. Prior to procurement and disclosure, it is the disclosing Parties' duty and obligation to redact personal information from documents. Buyer and Seller agree that all such information and documents are provided in good faith without representation or warranty, express or implied, and no responsibility is or will be accepted by the disclosing Party as to the accuracy and completeness of the information and documents. 7. DEFAULT Failure to comply with any terms or conditions of this Agreement shall constitute default or breach in which case Buyer and Seller will have the following remedies. 7.1 If Buyer fails to comply with the terms and conditions of this Agreement and/or complete the purchase of the Property, Seller may: (1) terminate this Agreement and the earnest money may be forfeited by Buyer and paid to Seller, but only if Buyer breaches this Agreement; or (2) demand Buyer reimburse all costs and fees incurred by Seller relating to this Agreement. These are the only remedies for breach of this agreement and are liquidated damages. Seller may not seek additional damages or specific enforcement of this Agreement. 7.2 If Seller fails to comply with the terms and conditions of this Agreement and/or complete the sale of the Property, Buyer may do any of the following: (1) terminate this Agreement and the earnest money shall be returned to the Buyer but only if Seller breaches this Agreement; and (2) demand Seller reimburse all costs and fees incurred by Buyer relating to this Agreement. These are the only remedies for breach of this agreement and are liquidated damages. The Buyer may not seek additional damages or specific enforcement of this Agreement. 8. EARNEST MONEY DISPOSITON If Buyer or Seller is in default or breach, earnest money may not be released or paid to Buyer or Seller unless the Parties sign a Termination of Agreement to Purchase with Release of Earnest Money Addendum. If a dispute arises, prior to release or payment of the earnest money, the company holding the earnest money shall retain the money until one of the following occurs: (1) A written release is executed by Buyer and Seller agreeing to disbursement of the earnest money. -OR- (2) A legal action is filed regarding the Agreement and/or release and distribution of the earnest money, at which time the earnest money shall be deposited with the Superior/District Court Clerk where the legal action is filed. Buyer's initials Date Buyer's initials Date Seller's initials Date Seller's initials Date 4820-7455-1540v3 95 Resolution 2025-096 -OR- (3) Ninety (90) days have passed since the effective date of the Termination Agreement and the Parties have not exercised options (1) or (2), at which time title company must release or pay the earnest money to Buyer or Seller. Title Company must release or pay the earnest money no less than ninety (90) days and no more than one hundred eighty (180) days after the effective date of the Termination Agreement. Fifteen (15) days prior to release or payment under option (3), title company must send the Parties written notice, at the Parties address described in the Termination Agreement, of the release. 9. CLOSING 9.1 Condition of Property on Closing Date. Buyer acknowledges that Buyer has the right to, and was advised to, conduct a pre - closing walkthrough. At day and time of closing, the Property shall be in substantially the same condition as on the Effective Date, with the exception of normal wear and tear. 9.2 Proration of Taxes. As applicable, for the current year and month, Buyer and Seller agree to prorate taxes, water and sewer system charges, and any other applicable charges as of the Closing Date unless otherwise agreed in writing by Buyer and Seller. 9.3 Fuel. Buyer shall pay Seller for all fuel and/or propane an amount equal to the fuel's value within five (5) days of the Closing Date. 9.4 Utilities. Buyer shall be responsible for transferring all utilities into its name effective on the Closing Date. 9.5 Extension of Closing Date. A fourteen (14) day extension of the Closing Date shall not be unreasonably withheld by the Parties. The Parties shall not be liable to each other for costs incurred as a result of a 14-day extension of the Closing Date. Any additional extension beyond the above -referenced fourteen (14) days must be agreed to in writing by Buyer and Seller. 9.6 Access to Property. 0n the Closing Date, unless otherwise agreed to in writing, Seller shall furnish to Buyer all keys, alarm/security codes, etc. to Buyer. 10. MISCELLANEOUS TERMS AND CONDITIONS 10.1 Time is the essence as to the terms and conditions of thisAgreement. 10.2 Buyer's rights under this Agreement are not assignable without the Seller's express written consent. 10.3 If an action or proceeding is brought in connection with this Agreement, the successful or prevailing Party shall be entitled to recover reasonable attorney's fees, court costs, and other reasonable fees and costs incurred in that action or proceeding (whether at trial, on appeal, and/or in bankruptcy or similar proceeding) and in enforcing any judgement rendered thereon, in addition to any other relief to which it may otherwise be entitled. For purposes of this Agreement, the prevailing Party means the Party who succeeds either affirmatively or defensively under claims having the greater value or importance, as decided by the court. 10.4 The Parties agree that a facsimile, digital, or scanned copy of this Agreement which contains the Parties' signatures may be used as the original. The parties acknowledge that digital or facsimile signatures have the same legal effect as a "wet" signature. 10.5 This Agreement, together with any attached exhibits and any addenda or amendments signed by the Parties, shall constitute the entire agreement between Seller and Buyer, and supersedes any other written or oral agreements between Seller and Buyer. This Agreement can be modified only in writing, signed by the Seller and Buyer. 10.6 A copy of this Agreement may be executed by each individual/ entity separately, and when each has executed a copy thereof, such copies, taken together, shall be deemed to be a full and complete agreement between the Parties. 10.7 Headings preceding the text of the paragraphs and subparagraphs in this Agreement are inserted solely for convenience or reference and shall not constitute a part of this Agreement, nor shall they affect the terms and conditions of this Agreement. Buyer's initials Date Buyer's initials Date Seller's initials Date Seller's initials Date 4820-7455-1540v3 96 Resolution 2025-096 10.8 All documents and addendums signed by the Parties that are referred in this Agreement, attached to this Agreement, or specifically referenced or labeled as part of this Agreement, shall be incorporated in and be a part of this Agreement. 10.9 This Agreement shall be governed by Alaska law and any dispute brought in the Superior Court of Seward. 10.10 The terms and conditions of this Agreement and any addendums and counter offers shall survive and extend beyond the closing of this Agreement, except to the extent expressly set forth herein otherwise or to the contrary. 10.11 Buyer and Seller acknowledge and agree that they have been advised and have had a reasonable opportunity to obtain or have obtained independent legal and tax advice from a licensed and certified attorney, tax attorney and accountant regarding the legal and tax consequences of this Agreement, that they have read and fully understand the terms and conditions of this Agreement, and that the terms and conditions of this Agreement are reasonable. 10.12 Buyer and Seller are to comply in all aspects of the Foreign Investment in Real Estate Tax Act Section 1445 which requires the Closing Agent to withhold and pay to the IRS a required amount if Seller is "a foreign person" unless exempt from FIRPTA. A "foreign person" is identified within the Foreign Investment in Real Estate Tax Act. 10.13 If Buyer or Seller makes this transaction part of an IRC 1031 Exchange, there will be no cost or liability to the other Party. Both Parties agree to execute any and all documents necessary for Exchange and understand that the Party completing this exchange may assign this Agreement to Purchase to a qualified intermediary for the purposes of completing the exchange. 10.14 In this Agreement and all related documents and addendums, unless the context otherwise clearly indicates, words used in the singular include the plural, the plural includes the singular, and the neuter gender includes the masculine and feminine. 10.15 Any notices, requests or other communications required or permitted to be given hereunder shall be in writing and shall be delivered (i) by hand, (ii) by a widely recognized national overnight courier service, (iii) by electronic mail or (iv) mailed by first class United States mail, postage prepaid and addressed to each party at its address as set forth on the signature page. Any such notice, request or other communication shall be considered given or delivered, as the case may be, (a) on the date of delivery, if delivered in person or by electronic mail (provided no email automatic bounceback is received and such email notice is sent prior to 5:00 p.m. on a business day; if after 5:00 p.m. then shall be deemed received on the next business day); (b) on the next Business Day following the date sent by commercial overnight courier; or (c) on the date of delivery or refusal if sent by first class U.S. Mail. Rejection or other refusal to accept or inability to deliver because of changed address of which no notice was given shall be deemed to be receipt of the notice, request or other communication. By giving at least five (5) days prior written notice thereof, any party may from time to time at any time change its mailing address hereunder. 10.16 BUYER AND SELLER EACH HEREBY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY DISPUTE ARISING OUT OF THIS AGREEMENT. 10.17 If the time period or date by which any right, option or election provided under this Agreement must be exercised, or by which any act required hereunder must be performed, or by which the Closing must be held, expires or occurs on a day that is not a business day, then such time period or date shall be automatically extended through the close of business on the next succeeding day which is a business day. As used herein, the term "business day" means a day other than a Saturday or a Sunday, or a day on which banking institutions in the State of Alaska are authorized or obligated by law or executive order to be closed. 10.18 Seller and Buyer mutually represent and warrant to each other that they have not dealt, and will not deal, with any real estate broker or sales representative in connection with this proposed transaction, except for Jodi L. Toloff (the "Broker"), broker for Seller. Seller shall pay Broker a commission pursuant to a separate agreement. This Section shall survive the Closing or any termination of this Agreement. 10.19 Referendum. Nothing in this Agreement shall affect or reduce the rights of the voters of the City of Seward to reject the City Council's approval of this Agreement, as described in Section 1.2, by referendum. In the event a referendum petition is timely filed and accepted, Buyer shall provide written notice of acceptance to Seller at the time the petition is accepted. In such event, Buyer agrees that it shall have no rights under this Agreement unless and until a resolution is approved by the voters of the City of Seward. Based on the burden and delay inherent in a referendum, Buyer shall have the option of canceling this Agreement by providing written notice to the City no later than thirty (30) days after the Referendum petition is approved, with the City returning Buyer's Buyer's initials Date Buyer's initials Date Seller's initials Date Seller's initials Date 4820-7455-1540v3 97 Resolution 2025-096 Earnest Money and prompt reimbursement by Seller of all of Buyer's reasonable, third -party costs actually incurred by Buyer in connection with the subdivision and replat, if a referendum petition is approved. Buyer shall not be entitled to any damages or other relief against the Seller in the event the voters void the Council's resolution. If the resolution approving this Agreement is voided by such referendum action, Buyer shall be entitled to terminate the Agreement by delivering a "Termination Notice" to Seller, the Buyer's earnest money shall be returned to Buyer, and platting costs returned, within ten (10) days of the formal certification of the referendum vote, and neither party shall have any further obligation hereunder. [SIGNATURES ON NEXT PAGE] Buyer's initials Date Buyer's initials Date Seller's initials Date Seller's initials Date 4820-7455-1540v3 98 Resolution 2025-096 BUYER'S OFFER of Agreement to Purchase and Earnest Money Receipt Buyer is authorized to sign, understands that this is a legally binding document, and acknowledges and agrees to the terms and conditions of this Agreement. Date and Time: Buyer Signature: Printed Legal Name: Address: Phone: Email: Date and Time: Buyer Signature: Printed Legal Name: Address: Phone: Email: Seller's Acceptance of Agreement to Purchase and Earnest Money Receipt or Counter Offer Seller is authorized to sign and understands that this is a legally binding document. Initial only one of the following: Seller agrees to sell the Property on the terms and conditions of this Agreement. Seller agrees to sell the Property, subject to the acceptance by Buyer and Seller of the attached Counter Offer which amends certain terms and conditions of this Agreement. (Note: Seller must initial and sign this Agreement and the attached Counter Offer for this Agreement and the counter offer to be effective.) Date and Time: Seller Signature:_ Printed Legal Name: Address: Phone: Email: Date and Time: Seller Signature: Printed Legal Name: Address: Phone: Email: Buyer's initials Date Buyer's initials Date Seller's initials Date Seller's initials Date 4820-7455-1540v3 99 Resolution 2025-096 Exhibit A Legal Description LOT 2, JESSE LEE HEIGHTS SUBDIVISION ADDITION NO. 2, according to Plat No. 83-32, Seward Recording District, Third Judicial District, State of Alaska. Buyer's initials Date Buyer's initials Date Seller's initials Date Seller's initials Date 4820-7455-1540v3 100 Resolution 2025-096 INSPECTION ADDENDUM This Inspection Addendum is incorporated and a part of the Parties' Agreement to Purchase and Earnest Money Receipt ("Agreement") dated: SELLER: Cara 0senga BUYER: The City of Seward For the following property (the "Property"): 104 Benson Drive, Seward AK 99664 Closing is contingent on Buyer obtaining a satisfactory inspection of the Property during the Inspection Period. However, Closing is not contingent on items of routine maintenance and/or a cosmetic nature and if Buyer fails to terminate the Agreement on or before the expiration of the Inspection Period, then Buyer shall conclusively be deemed to have waived this inspection contingency. 1. RIGHT TO INSPECT Buyer will have 60 days (the "Inspection Period") after the Effective Date to have the Property inspected and complete all due diligence. Buyer will pay for all inspections. Inspections may be done only by licensed professionals. Buyer may have any inspections done that Buyer considers appropriate, such as: Phase I Environmental Survey, geotechnical, structural, foundation, roof, flooring, HVAC system, electrical, plumbing, appliances, exterior, insulation, drainage, windows, well and septic systems, paint, and radon. Buyer and Seller may be present during any inspections, and Buyer will give Seller reasonable advance notice of the date and time of the inspection(s). Buyer may not do intrusive or invasive testing without Seller's written consent. 2. DUTIES OF BUYER AND SELLER Buyer and Buyer's inspector may enter the Property to conduct inspections. Buyer will hold Seller and Licensee(s) harmless from all liability associated with entering the Property and conducting inspections, including claims for injury or property damage. Buyer will repair and restore any damage caused to the Property by the inspection, which does not include any remediation of any deficiencies discovered as the result of the inspection. Seller will make the Property accessible for inspections, subject to limitations of existing leases, if any, and will have utilities for the Property in service during inspections. Seller will provide access to all areas of the Property, subject to limitations of existing leases, if any. The indemnities of this Inspection Addendum shall survive the Closing or the termination of this Agreement. In the event that this Agreement is terminated, other than as a result of a breach by Seller, Buyer shall provide a copy of all appraisals, inspection, engineering and environmental reports it has received with respect to the Property to Seller at no charge. 3. INSPECTIONS AND SURVEY All due diligence, inspections, environmental survey, hazardous material inspection reports, and City Council approval must be completed within the Inspection Period defined above. If Buyer shall, for any reason or no reason, in Buyer's sole discretion, elect not to purchase the Property, then Buyer shall be entitled to terminate the Agreement by delivering a "Termination Notice" to Seller at or before 5:00 p.m. local time on the last day of the Inspection Period. If Buyer's written termination is timely made, then the Earnest Money shall be returned to Buyer and thereafter neither Party shall have any further obligations or liabilities to the other hereunder except for those that expressly survive termination of the Agreement. If Buyer fails to timely deliver the Termination Notice, then, except as otherwise provided in the Agreement, the Earnest Money shall thereafter be non-refundable (except for the willful refusal of Seller to close the sale of the Property), but shall be credited to the Purchase Price at Closing, and Buyer's right to terminate the Agreement pursuant to this Inspection Addendum shall be of no further force or effect. 4. REPAIRS, CORRECTIONS AND MODIFICATIONS TO THE PROPERTY If Buyer requests repairs, corrections or modifications, and is in compliance with the Agreement, Seller will have seven (7) days to respond to Buyer's request, and (1) agree, (2) negotiate further, or (3) terminate the Agreement. If Seller does not timely respond or, within five (5) days of Seller's response, Buyer and Seller are unable to reach an agreement regarding Buyer's proposed repairs, corrections and modifications, and Buyer is in compliance with the Agreement, the Agreement will terminate, and the earnest money will be refunded to Buyer. 5. REPRESENTATIONS AND WARRANTIES Buyer represents that Buyer is completing Buyer's own independent due diligence, inspections and investigations of the Property, and of matters listed as Contingencies and Disclosures, in Paragraphs 3.3 and 6 of the Agreement, respectively, unless waived, and Buyer's initials Date Buyer's initials Date Seller's initials Date Seller's initials Date 4820-7455-1540v3 101 Resolution 2025-096 that the decision to purchase is not based upon any representations or warranties of Seller or any Licensee(s) associated with the Agreement, expressed or implied (which includes, but is not limited to the Property's square footage, septic system, latent defects, plumbing, heating, electrical systems, fixtures, appliances, roof, sewer, soil conditions, foundation, structural conditions, insulation, and compliance with state, federal and municipal law), but solely upon the independent investigations and inspections of Buyer or Buyer's inspector. Buyer represents and warrants that Buyer is choosing and hiring any and all inspectors, described in Paragraph 1 of this Inspection Agreement, and the decision to hire an inspector is not based upon any representations or warranties of Seller or any Licensee(s) associated with the Agreement, expressed or implied, but solely upon the independent due diligence, investigation, and evaluation of Buyer. Buyer's selection of qualified professional(s) is subject to Seller's approval prior to inspection. Such approval will not be unreasonably withheld. Buyer requests approval of any of the following: All other terms and conditions of the Purchase Agreement remain in full force and effect. Buyer, City of Seward Date and Time Seller, Cara Osenga Date and Time Buyer's initials Date Buyer's initials Date Seller's initials Date Seller's initials Date 4820-7455-1540v3 102 Resolution 2025-096 Assets Cash to date 8/31/2025 Total Assets Liabilities Encumbrance to date 8/31/2025 Total Encumbered Fund Balance/Net Assets Unassigned Fund Balance to date 8/31/2025 Transfers -In Transfers -Out Total Fund Balance/Net Assets Expenditures/Expenses Expenses to date 8/31/25 Total Expenses Estimated Total Fund Balance* * Unaudited The month of August has not been closed. 80010 - Capital Acquisition Fund - City August 31 2025 8/31/2025 1,761,371 1,761,371 374,228 374,228 2,566,273 242,788 (737,400) 2,071,661 310,290 310,290 1,387,144 Uses for the Capital Acquisition Fund: Resolutions Res.2019-048 Lowell Point Stabiltation Res.2019-085 Purchase of Communication Equipment Res.2020-030 ADA Compliance Ramp and Parking City Hall Res.2020-060 Implementation of SHI Microsoft Res.2021 -102 Surplus Land 2109 Diamond BLVD Res.2022-089 Sidewalks Project Res.2022-098 Transfer from the GF to CAF - CAP Res.2022-116 Hilltop DRP Res.2022-122 Surplus Land 101 Railway Ave Parce114920016 Res.2023-002 / 2023-098 Surplus Land Lot 2A -1 Block 9 4JBC Res.2023-099 Surplus Land 905 Sea Lion Ave Res.2023-119 Surplus Land Sale L2 Bk 4JBC Res.2024-045 Dispatch CAD Project Res.2024-049 Fire Station Facility 15% Design Res.2024-054 Transferring 50% of the General Fund surplus to the Capital Acquisition Res.2025-029 R & M 15% design for the Police Pepartment. Res.2025-048 Forest Acres Afognak Subdivision Improvement District- Funding Res.2025-051 General Fund To the Capital Adquisition Fund - CAP Res.2025-094 Transfer from the GF to CAF - CAP Amounts (225,750) (538,000) (80,663) (74,388) 663,500 (350,000) 136,622 (1,425,000) 500,000 480,600 280,000 65,000 (215,789) (318,330) Fun 1,183,355 (297,994) (737,400) 106,166 192,239 Prepar4J 3inance RESOLUTION 2025-097 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING AMENDMENT NO. 4 TO COOPERATIVE AGREEMENT AND AN AMENDMENT TO THE THIRD AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A, WATERFRONT TRACTS AND THE LEASE, OPERATION AND MAINTENANCE OF THE ALASKA SEALIFE CENTER Documents: • Agenda Statement • Resolution 2025-097 • Attachments: o Amendment to Co-op Agreement o Amendment to Lease Agreement 104 City Council Agenda Statement Meeting Date: October 13, 2025 To: City Council Through: Kat Sorensen, City Manager Subject: Resolution 2025-097: Authorizing Amendment No. 4 to Cooperative Agreement and an Amendment to the Third Amended and Restated Agreement for Lease of Tract 2a, Waterfront Tracts and the Lease, Operation and Maintenance of the Alaska Sealife Center Background and justification: The City of Seward, the Seward Association for the Advancement of Marine Science (SAAMS), and the Alaska Department of Fish and Game (ADFG) have been working together to amend the Cooperative Agreement and the Lease Agreement to ensure that its provisions reflect the current status and relationships between the entities. The applicable agreements governing construction, operation, and management of facilities owned by the City and operated by the SAAMS initially required the Alaska Department of Fish and Game and Exxon Valdez Oil Spill Trustee EVOS Trustee Council (EVOS) to oversee the City of Seward and SAAMS in various ways to ensure that the facilities were constructed and operated in the manner intended by EVOS. EVOS, acknowledging the successful construction and operation of the facilities for decades, adopted a resolution allowing the parties to revise the agreements governing the operation and management of the facilities to remove the need for EVOS oversight or approval. The City, SAAMS, and ADFG agree that operations, management, and ownership terms of the facility should be between the City and SAAMS. Under the current agreements, the City's ability to determine that the facilities cannot generate revenues to cover operating expenses is still subject to verification by an independent financial consultant selected or approved by ADFG, and if SAAMS and the City elect not to operate the facility, ADFG has one year to enter and assume operations of the facility. All three parties recognize that both of these provisions unnecessarily restrict the City's ownership rights given the decades of successful ownership and management by the City and SAAMS. Amending the agreements to remove ADFG as a party, and to remove its oversight and approval role from the agreements, in no way reduces or increases the rights or obligations of the City or SAAMS to one another. ADFG agrees to the amendment to the Cooperative Agreement, removing it from the oversight role initially assigned to it. 105 Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Strategic Plan: Other: Total amount of funds listed in this legislation: This legislation (✓): Creates revenue in the amount of: Creates expenditure in amount of: Creates a savings in the amount of: Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted Not applicable Affected Fund (✓): General Boat Harbor Motor Pool Available Fund Balance Yes SMIC Parking Other Electric Water $ Wastewater Healthcare Note: amounts are unaudited Finance Director Signature: Attorney Signature: /s/ Sam Severin Not applicable Comments: Administration Recommendation X Adopt Resolution Other: 106 Sponsored by: Sorensen Public Hearing: October 13, 2025 CITY OF SEWARD, ALASKA RESOLUTION 2025-097 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING AMENDMENT NO. 4 TO COOPERATIVE AGREEMENT AND AN AMENDMENT TO THE THIRD AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A, WATERFRONT TRACTS AND THE LEASE, OPERATION AND MAINTENANCE OF THE ALASKA SEALIFE CENTER WHEREAS, the City, Seward Association for the Advancement of Marine Science (SAAMS), and the Alaska Department of Fish and Game (ADFG) have been working together to amend the Cooperative Agreement and the Lease Agreement to ensure that its provisions reflect the current status and relationships between the entities; and WHEREAS, the applicable agreements governing construction, operation, and management of facilities owned by the City and operated by the SAAMS initially required the Alaska Department of Fish and Game and Exxon Valdez Oil Spill Trustee EVOS Trustee Council (EVOS) to oversee the City of Seward and SAAMS in various ways to ensure that the facilities were constructed and operated in the manner intended by EVOS; and WHEREAS, on September 8, 2023 EVOS, acknowledging the successful construction and operation of the facilities for decades, adopted a resolution allowing the parties to revise the agreements governing the operation and management of the facilities to remove the need for EVOS oversight or approval; and WHEREAS, the City, SAAMS, and ADFG agree that operations, management, and ownership terms of the facility should be between the City and SAAMS; and WHEREAS, under the current agreements, the City's ability to determine that the facilities are not capable of generating revenues to cover operating expenses is still subject to verification by an independent financial consultant selected or approved by ADFG; and WHEREAS, under the current agreements, if SAAMS and the City elect not to operate the facility, ADFG has one year to enter and assume operations of the facility; and WHEREAS, all three parties recognize that both of these provisions unnecessarily restrict the City's ownership rights given the decades of successful ownership and management by the City and SAAMS; and WHEREAS, it is in the best interest of the City to remove ADFG's oversight from the agreement; and 107 CITY OF SEWARD, ALASKA RESOLUTION 2025-097 WHEREAS, amending the agreements to remove ADFG as a party and to remove its oversight and approval role from the agreements in no way reduces or increases the rights or obligations of the City or SAAMS to one another; and WHEREAS, ADFG agrees to the amendment to the Cooperative Agreement removing it from the oversight role initially assigned to it. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Manager is authorized to execute Amendment No. 4 to the Cooperative agreement in a form substantially similar to the attached and is authorized to execute the amendment to the Third Amended and Restated Agreement for Lease of Tract 2A, Waterfront Tracts and the Lease, Operation and Maintenance of the Alaska Sealife Center between SAAMS and the City in a form substantially similar the attached document. Section 2. This resolution shall take effect immediately. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 13`h day of October 2025. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck City Clerk THE CITY OF SEWARD, ALASKA Sue McClure, Mayor 108 AMENDMENT NO. 4 TO THE COOPERATIVE AGREEMENT 95-045 Page 1 of 4 AMENDMENT NO. 4 to the COOPERATIVE AGREEMENT between the State of Alaska Department of Fish and Game and the City of Seward for the construction, operation and maintenance of research infrastructure improvement at the Alaska SeaLife Center in Seward, Alaska THIS AMENDMENT NO. 4 ("Amendment") is made and entered into between the State of Alaska, Department of Fish and Game, PO Box 25526, Juneau, Alaska 99802-5526 (hereinafter referred to as "ADF&G"), and the City of Seward, PO Box 167, Seward, Alaska 99664 (hereinafter referred to as "City"), collectively referred to as the "Parties." The Parties executed a Cooperative Agreement between ADF&G and City for the Construction, Operation, and Maintenance of Research Infrastructure Improvements at the Alaska SeaLife Center in Seward, Alaska, dated April 28, 1995, which was recorded in Book 76, Page 788, of the records of the Seward Recording District, Third Judicial District, State of Alaska, as amended by Amendment No. 1 providing for the FISH PASS, revision of the PAYMENT PROCEDURES and revision of the DETAILED BUDGET, as amended by Amendment No. 2 providing for purchase of research equipment and restoration program exhibitry, and as amended by Amendment No. 3 eliminating the requirement that the United States, the Trustee Council, and the Executive Director are named as additional loss payees (hereinafter with amendments referred to as "Cooperative Agreement"), NOW, THEREFORE, the Parties agree as follows: I. AUTHORITY The Authority of ADF&G to enter into this Amendment to the Cooperative Agreement is AS 16.05.050(13), AS 36.30.850(c), and AS 37.14.400 et seq. The Parties are entering into this Amendment pursuant to paragraph III.RR of the Cooperative Agreement. 109 AMENDMENT NO. 4 TO THE COOPERATIVE AGREEMENT 95-045 Page 2 of 4 II. DEFINITIONS The following shall, for all purposes of this Amendment, have the following meanings: A. "Amended Cooperative Agreement" shall mean the Cooperative Agreement as amended by this Amendment. B. "Amendment" shall mean this Amendment No. 4 to the Cooperative Agreement. C. General Definitions. All other capitalized terms in this Amendment shall have the same meaning as set forth in the Cooperative Agreement. III. PURPOSE OF AMENDMENT The purpose of this Amendment is to remove the role, future obligations, rights and responsibilities of ADF&G from the Cooperative Agreement. IV. COVENANTS ADF&G and City do hereby covenant and agree as follows: A. The Cooperative Agreement is amended as follows. Removed language is marked with strikethrough and added language marked as underlined. 1. Section III(U) shall be amended as follows: City ownership. The City shall own, operate, and maintain the Project for the practical life of the Facility. 1. Subject to (2) of this section, the practical life of the Facility shall end upon the occurrence of both of the following (i) the City makes a reasonable determination, as verified by an independent financial Gens-u-l-tant-se-lecteel-of-ap-pfGved-lay-AID-F&G, that the Facility is not capable of generating revenues sufficient to cover the operating expenses and debt service of the Facility, plus fund sufficient reserves for repairs and replacements in the Facility; and (ii) while being operated in accordance with any recommendation from the independent financial consultant and in accordance with terms and conditions of the Agreement during the two-year period following the City's determination, the Facility does not generate revenues sufficient to cover the operating expenses and debt service of the Facility. Plus fund sufficient reserves for repairs and replacements in the Facility. 2. In no event shall the City be required to operate and maintain the Facility after the earlier of (i) the date 50 years from the date of 110 AMENDMENT NO. 4 TO THE COOPERATIVE AGREEMENT 95-045 Page 3 of 4 Final Acceptance, and (ii) any event causing damage to, or destruction of, the Facility, where the cost of repairing or restoring the Facility, net of any available reserves and insurance proceeds not reduced for applicable deductibles and coinsurance, exceeds ten percent of the replacement cost of the Facility. 2. Section III(V) shall be removed in its entirety. 3. Section III(X) shall be amended as follows: Remedies Upon Breach by City. Whenever an event of default by the City shall have occurred, and any applicable period for giving notice and any opportunity to cure shall have expired, ADF&G shall have the following rights and remedies in addition to any rights and remedies that may be available by law: 1. Declare this Agreement terminated. 2. Recover all monies previously paid to the City under this Agreement that were not spent in accordance with the Agreement. 3. ADF&G shall havc the option to enter and assume the operation of the Alaska Sealife Center including the Facility under paragraph 0 III.V. ADF&G shall exercise this option by written notice to the City w ithin one year after the period for giving notice of the default and any opportunity for curc shall have expired. 4. 2. Seek specific performance of any term or provision of this Agreement. 4. Section III(Z) shall be removed in its entirety. 5. Section III(AA) shall be amended as follows: Indemnification. The City shall indemnify the Statc and the EVOS Trustee Council according to the provisions described in Appendix 8. Any references in Appendix 8 to ADF&G taking over the facility are rendered meaningless as they are inconsistent with the intent of this Amendment. B. Except as set forth in this Amendment, all the provisions of the Cooperative Agreement shall remain unchanged and in full force and effect. V. EFFECTIVE DATE This Amendment shall be effective on the date the last signature to the Amendment is certified. 111 STATE OF ALASKA THIRD JUDICIAL DISTRICT AMENDMENT NO. 4 TO THE COOPERATIVE AGREEMENT 95-045 Page 4 of 4 STATE OF ALASKA DEPARTMENT OF FISH AND GAME By: Doug Vincent -Lang, Commissioner Signed: Date: ss. Subscribed and sworn to before me on , in , Alaska. (date) (town) (seal) STATE OF ALASKA THIRD JUDICIAL DISTRICT Notary : Notary for and in the State of Alaska My commission expires CITY OF SEWARD, ALASKA By: Kat Sorensen, City Manager Signed: Date: ss. Subscribed and sworn to before me on , in , Alaska. (date) (town) (seal) Notary : Notary for and in the State of Alaska My commission expires 112 AMENDMENT TO LEASE - October 2025 Page 1 of 4 AMENDMENT to the THIRD AMENDMED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A, WATERFRONT TRACTS AND THE LEASE, OPERATION AND MAINTENANCE OF THE ALASKA SEALIFE CENTER between the SEWARD ASSOCIATION FOR THE ADVANCEMENT OF MARINE SCIENCE d/b/a ALASKA SEALIFE CENTER and the CITY OF SEWARD, ALASKA THIS AMENDMENT ("Amendment") is made and entered into between the Seward Association for the Advancement of Marine Science (hereinafter referred to as "SAAMS") and the City of Seward, PO Box 167, Seward, Alaska 99664 (hereinafter referred to as "City"), collectively referred to as the "Parties." The City and SAAMS executed the Third Amended and Restated Agreement for Lease of Tract 2A Waterfront Tracts and the Lease, Operation and Maintenance of the Alaska Sealife Center ("Lease") on March 28, 2017. NOW THEREFORE, the Parties agree as follows: I. AUTHORITY The Parties are entering into this Amendment under the authority granted in Section 10.11 of the Lease. II. DEFINITIONS The following shall, for all purposes of this Amendment, have the following meanings: AMENDMENT TO LEASE 113 AMENDMENT TO LEASE - October 2025 Page 2 of 4 (a) "ADF&G" shall mean the State of Alaska, Department of Fish and Game. (b) "Amendment" shall mean this Amendment to the Lease. (c) General Definitions. All other capitalized terms in this Amendment shall have the same meaning as set forth in the Lease. III. PURPOSE OF AMENDMENT The purpose of this Amendment is to remove the role, future obligations, rights and responsibilities of ADF&G from the Lease. IV. COVENANTS SAAMS and City do hereby covenant and agree as follows: A. ADF&G is removed as a party to the Lease. B. The Lease is amended as follows. Removed language is marked with strikethrough and added language marked as bold. 1. Section 1.1.18 "Indemnified Parties" is amended to remove reference to ADF&G. 2. Section 3.13.4 Payment of Award is amended: The Award shall be payable first, to ADF&G, to the extent rcquircd under thc Cooperative Agreement, and second, to SAAMS; except that the City shall receive from the Award the amount attributable to the value of the Site without Improvements. 3. Section 5.5 SAAMS Election Not to Operate the Improvements is amended: SAAMS shall notify the City if SAAMS elects not to operate the Improvements, either because the Improvements have reached the end of their practical life as defined in Subsection 3.1.1, or if for any other reason permitted under this Agreement, SAAMS elects not to operate the Improvements. The City shall provide the same notice to ADF&G under thc Cooperative Agreement within thirty (30) business days after receiving the notice from SAAMS. If the City Improvements as defined in Subsection 1.1.25. SAAMS shall maintain an amount equal to the AMENDMENT TO LEASE 114 AMENDMENT TO LEASE - October 2025 Page 3 of 4 Termination Fund Requirement in a special fund dedicated to pay the cost of performing this obligation. SAAMS may access up to $700,000 annually from the Termination Fund between October 1 and September 29, but shall provide evidence to the City that on September 30 that this fund is fully replenished. Nothing in this subsection is intended to limit SAAMS' responsibility if the costs exceed the amount in the special fund. Any amount remaining in the fund at the end of the one year period shall be released to the party that has assumed the operation of the I mprovements. 4. Section 6.1 is amended to read: For so long as the Cooperative Agreement requires the City to insure the Site or Improvements, the minimum insurance for the Site and Improvements shall be that required of the City under the Cooperative Agreement; provided that such insurance requirements may be modified as provided in this Section 6.1. If one or more of the required insurance coverages are not available under reasonable terms and conditions, SAAMS shall, under the guidance and direction of the State of Alaska, Division of Risk Management, use its best efforts to obtain reasonably equivalent coverage acceptable to ADF&G the City. If, after utilizing its best efforts, SAAMS is unable to obtain adequate insurance at a cost effective rate as reasonably determined by SAAMS, SAAMS may request a waiver of the relevant insurance requirement. The request shall outline the steps taken by SAAMS to obtain such insurance and shall disclose quotations received for coverage. Upon the written determination of the State of Alaska, Division of Risk Management that a reasonable basis exists to believe that a waivcr of such insurance will not materially affect the State's risk with regard to the Improvements or any activities in, on, or around the Improvements, and approval of the requested waivcr by ADF&G, the City will approve the requested waiver. 5. Section 6.3 is amended to read: All insurance policies shall provide for thirty (30) days' notice to the City and ADF&G of cancellation and/or material change in policy terms. 6. Section 6.4 is amended to read: The City and Indemnified Parties shall be named as additional insureds under all insurance policies maintained by SAAMS as required under Section 6.1, or SAAMS shall obtain an appropriate waiver of subrogation in favor of the City and the Indemnified Parties with respect to all insurance policies to effect the same purpose. The City, shall be named under casualty insurance required under Section 6.1 as loss payees on any property loss settlement. The City shall be named as an additional insured under all policies maintained by SAAMS as required under Section 6.2, or SAAMS shall obtain an appropriate waiver of subrogation in favor of the City with respect to all insurance policies to effect the same purpose. The City shall be named under casualty insurance required under Section 6.2 as loss payee on any property loss settlement. AMENDMENT TO LEASE 115 AMENDMENT TO LEASE - October 2025 Page 4 of 4 C. Except as set forth in this Amendment, all of the provisions of the Lease shall remain unchanged and in full force and effect. EFFECTIVE DATE This Amendment shall be effective on the date the last signature to the Amendment is certified. SAAMS CITY OF SEWARD By: By: Its: It: Date Date AMENDMENT TO LEASE 116 RESOLUTION 2025-098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING THE BARGAINING AGREEMENT BETWEEN THE CITY OF SEWARD AND THE SEWARD PUBLIC EMPLOYEES ASSOCIATION, COVERING TERMS AND CONDITIONS OF EMPLOYMENT FOR ALL MEMBERS OF THE COLLECTIVE BARGAINING UNIT, EFFECTIVE JANUARY 1, 2026, AND ENDING DECEMBER 31, 2028 Documents: • Agenda Statement • Resolution 2025-098 • Attachments: o Summary of Changes o Draft Bargaining Agreement 117 City Council Agenda Statement Meeting Date: October 13, 2025 To: City Council Through: Kat Sorensen, City Manager Subject: Resolution 2025-098: Approving the Bargaining Agreement Between the City of Seward and the Seward Public Employees Association, Covering Terms and Conditions of Employment for All Members of the Collective Bargaining Unit, Effective January 1, 2026 and Ending December 31, 2028 Background and justification: The collective bargaining agreement between the City of Seward and the Seward Public Employees Association (SPEA) expires on December 31, 2025. SPEA represents all employees included in the collective bargaining unit. This contract constitutes the fourth collective bargaining agreement with the City of Seward. The intent is to provide for a fair and equitable term and conditions of employment for all members of the bargaining unit. On January 1, 2026, employees will receive a 3% (COLA) cost of living increase. On January 1, 2027, employees will receive a (COLA) cost of living increase based on the U.S. Department of Labor Consumer Price Index for All Urban Consumers (CPI-U) for Urban Alaska for calendar (January — December) year 2026 (Annual average) plus 0.5% but shall not be less than 2.5% or exceed 5%. On January 1, 2028, employees will receive a (COLA) cost of living increase based on the CPI-U plus 0.5% but shall not be less than 2.5% and shall not exceed 5%. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Strategic Plan: Other: Total amount of funds listed in this legislation: This legislation (V): Creates revenue in the amount of: Creates expenditure in amount of: Creates a savings in the amount of: Has no fiscal impact Funds are (✓): Budgeted Line item(s): 118 Not budgeted Not applicable Affected Fund (✓): General Boat Harbor Motor Pool Available Fund Balance SMIC Parking Other Electric Water Wastewater Healthcare Note: amounts are unaudited Finance Director Signature: S41-9"zne Attorney Review Yes Attorney Signature: Not applicable Comments: Administration Recommendation X Adopt Resolution Other: 119 Sponsored by: Sorensen CITY OF SEWARD, ALASKA RESOLUTION 2025-098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING THE BARGAINING AGREEMENT BETWEEN THE CITY OF SEWARD AND THE SEWARD PUBLIC EMPLOYEES ASSOCIATION, COVERING TERMS AND CONDITIONS OF EMPLOYMENT FOR ALL MEMBERS OF THE COLLECTIVE BARGAINING UNIT, EFFECTIVE JANUARY 1, 2026, AND ENDING DECEMBER 31, 2028 WHEREAS, the current contract between the City of Seward and the Seward Public Employees Association (SPEA), as approved by Resolution 2022-080, will expire on December 31, 2025; and WHEREAS, negotiation teams for the City of Seward and SPEA met to negotiate a three- year contract for the period of January 1, 2026 through December 31, 2028; and WHEREAS, on September 17, 2025, voting closed for SPEA members to approve the proposed bargaining agreement; and WHEREAS, SPEA voted to approve the proposed bargaining agreement attached to this contract for ratification. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Manager is hereby authorized to enter into a bargaining agreement with the Seward Public Employees Association for the period of January 1, 2025 — December 31, 2028, in substantially the form as attached herein. Section 2. This contract shall go into effect on January 1, 2023. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska this 13th day of October 2025. THE CITY OF SEWARD, ALASKA Sue McClure, Mayor 120 Resolution 2025-098 Seward Public Employees Association Loca16585 2026-2028 Collective Bargaining Agreement TA City of Seward and the Seward Public Employees Association Article by Article Summary ARTICLE 1- PREAMBLE & PURPOSE: No Change ARTICLE 2 - RECOGNITION AND MANAGEMENT RIGHTS 2.1 Union Recognition & Rights 2.2 Excluded Positions 2.3 Purpose of Bargaining 2.4 PERA/ALRA 2.5 Management Rights 2.6 Contracting Work 2.7 Labor Management Committee MODIFIED to strike appendix listing job positions by title, and including all regular city employees, except those listed in 2.2. as part of the bargaining unit. Strikes opt -out language. Recognizes APEA-AFT as an agent for SPEA for clarity. (1) MODIFIED to accurately reflect Department head titles and other personnel excluded from the bargaining unit, including employees represented by IBEW. Street Foreman and Executive Assistant to the Police Chief are no longer excluded positions and now represented by the bargaining unit. No Change No Change No Change No Change NEW SECTION establishing a Labor Management Committee comprised of SPEA and City of Seward representatives to facilitate ongoing communication on items of mutual interest and to promote a climate conducive to constructive employee relations. Allows for dialogue and problem solving and appropriate contract implementation and administration. 121 Resolution 2025-098 ARTICLE 3 - UNION MEMBERSHIP AND DUES 3.1 Membership Rcquircmcnts STRIKES timelines and limitations on the ability to join the Union. MODIFIED title and verbiage to be consistent with state and federal law in that the City shall not interfere with matters between the Union and the employee and covered employees shall be represented exclusively by SPEA. Permits employees to join the Union at any time. 3.2 Dues / Fees No Change 3.3 Payroll Deductions No Change 3.4 Union and Employee Responsibility No Change 3.5 Union Representation and Activities No Change 3.6 Union Leave and Leave Bank No Change 3.7 Meeting Space No Change 3.8 Bulletin Boards No Change ARTICLE 4 - JOB CLASSIFICATION, JOB DESCRIPTION & PAY PLAN 4.1 Classification Rights and Duty No Change 4.2 Job Descriptions No Change 4.3 Duties of Employees No Change 4.4 Qualifications Statements No Change 4.5 Job Titles No Change 4.6 Review of Job Classification and Job Classes No Change 4.7 Wage Schedule MODIFIES to reflect the Salary Schedule is posted in Appendix A ARTICLE 5 - PERSONNEL ACTIONS 5.1 Personnel Actions No Change 5.2 Definitions MODIFIED to accurately reflect Department head titles 5.3 Job Announcements No Change 122 Resolution 2025-098 5.4 Types of Appointments MODIFIED to incorporate notifications to the Union by the City for non -regular appointments, aligns temporary appointment service with City Code so that consecutive nine -month appointments cannot be served without a break (one pay period off) and allows for termination of a temporary appointment if a full-time employee becomes available, and clarifies that an acting appointment/temporary assignment may occur when an appointed individual or Department Head is out of state. 5.5 Promotion No Change 5.6 Transfers No Change ARTICLE 6 - PROBATIONARY PERIODS 6.1 Newly Hired Positions 6.2 Probationary Period after Promotion 6.3 Probationary Period after Demotion 6.4 Discipline or Separation During Probationary Period No Change No Change No Change No Change ARTICLE 7 - PERFORMANCE EVALUATIONS & PERSONNEL FILES 7.1 Performance Evaluations No Change 7.2 Periods of Evaluations No Change 7.3 The Evaluation Process No Change 7.4 Personnel Files MODIFIES to include a provision allowing the Union to be present at an Employee's exit interview upon written request to the Human Resources Manager and with the written authorization of the employee. ARTICLE 8 - DISCIPLINE & DISCHARGE 8.1 General Policy No Change 8.2 Disciplinary Action Procedures No Change 8.3 Right to Union Representation During Investigative No Change Interview 8.4 Just Cause No Change 123 Resolution 2025-098 8.5 Garrity Rights for Licensed Personnel of the Police No Change Department ARTICLE 9 - GRIEVANCE & ARBITRATION PROCEDURE 9.1 Definition of Grievance No Change 9.2 Procedural Steps No Change 9.3 Time Limitations No Change 9.4 Extension of Time Limits No Change 9.5 Appeal to Arbitration No Change 9.6 Selection of Arbitrator No Change 9.7 Arbitrator's Jurisdiction No Change 9.8 Fees and Expenses of Arbitration No Change 9.9 Extension of Time Frames No Change 9.10 Delivery of Grievance and Responses STRIKES and REPLACES delivery of grievance and response language to clearly state that they shall be delivered by electronic communication, rather than hand delivery or by -mail. 9.11 Sole and Exclusive Nature of Grievance Process No Change ARTICLE 10 - SEPARATION/SENIORITY/LAYOFF 10.1 Actions that Constitute Separation from City Service No change 10.2 Resignations No Change 10.3 Medical Separation No Change 10.4 Dismissal for Just Cause No Change 10.5 Seniority No Change 10.6 Layoffs No Change 10.7 Dismissal Notice or Severance Pay No Change 10.8 Separation Paperwork No Change ARTICLE 11- PAY and PAYROLL 124 Resolution 2025-098 11.1 Wage Schedule and Pay Rates 11.2 Starting Rate on Initial Employment 11.3 Rate of Pay on Promotion MODIFIED to reflect wage increases - Year 1: + 3%, Year 2 & 3: + CPI-U + .5%, not to be less than 2.5% and not to be greater than 5% STRIKES & REPLACES current language to be clear that entrance pay rate shall be at Step A, with exceptions for higher appointments by Department Heads, with the approval of the City Manager, to appoint above that pay rate if a candidate that demonstrate experience, skills, and/or education beyond the minimum approved requirements. MODIFIES(2) to a one-step increase in pay (instead of 5% increase) upon completion of approved training, limited to once per year and that City Administration (not a Dept Head) shall compile and maintain a list of valid training and certifications w/the Union to be available to all positions. 11.4 Rate of Pay for a Reclassification on a position No Change 11.5 Upward or Downward Range Change of a Job No Change Class 11.6 Promotion Following Demotion in Lieu of Layoff No Change 11.7 Transfers No Change 11.8 Demotions No Change 11.9 Completion of Probation MODIFIES section so that all employees receive a step increase after completion of probation, instead of just those hired below a Step B. This was already in effect per a letter of agreement between SPEA and the City. 11.10 Annual Step Increase MODIFIES section to say 180-days instead of six -months for consistency. No substantive change 11.11 Acting Appointments No Change 11.12 Field Training/School Resource Officer No Change 11.13 Overtime No Change 11.14 Call -Out Pay No Change 11.15 Stand -By Pay No Change 11.16 Stand -By Pay for Police Officers No Change 125 Resolution 2025-098 11.17 Shift Differential 11.18 Payroll and Pay Periods 11.19 Longevity Steps ARTICLE 12 - HOURS OF WORK 12.1 Hours of Work and Schedules 12.2 Temporary Schedules 12.3 Lunch / Break Period 12.4 Change of Permanent Schedules ARTICLE 13 - HOLIDAYS 13.1 Recognized Holidays with Pay 13.2 Holiday Falling on a Regular Day Off 13.3 Computation of Holiday Pay 13.4 Forfeiture of Holiday Pay ARTICLE 14 - PAID TIME OFF/LEAVE 14.1 Paid Time Off (PTO) 14.2 Leave Accrual Rate 14.3 Leave Anniversary Date No Change No Change NEW SECTION making current longevity steps part of the contract, as currently agreed on by SPEA and the City in a Letter of Agreement. An employee enters longevity upon receiving a merit increase that places them at a Step P in their respective range and upon two years and two consecutive evals of "satisfactory" or higher will move to the next step. 2% between each step. No Change No Change No Change No Change STRIKES "except for Firefighters" per Letter Of Agreement #3 2023 so that these first responders also receive holidays. ADDs Floating Holiday to contract per Letter of Agreement A #4 2023, also in city code. No Change No Change No Change MODIFIES section to allow probationary employees to take leave, if approved prior to hire by the Dept. Head per Letter of Agreement #4 2024. No Change No Change 126 Resolution 2025-098 14.4 Maximum Accrual 14.5 Payment of PTO upon Termination 14.6 PTO Leave Cash -Out 14.7 Donated Leave 14.8 Military Leave 14.9 Worker's Compensation 14.10 Jury Duty 14.11 Leave Without Pay 14.12 Family and/or Medical Leave of Absence 14.13 Bereavement Leave 14.14 Definition of Immediate Family ARTICLE 15 - WORK RULES 15.1 Work Rules 15.2 Protection of Rights 15.3 Non -Discrimination 15.4 Employee Indemnification 15.5 No Polygraph or Lie Detector 15.6 Outside Employment 15.7 Unlawful Acts Prohibited 15.8 Gifts and Gratuities 15.9 Employment of Relatives 15.10 Political Activity No Change No Change No Change MODIFIES language to incorporate existing procedures for use of and soliciting donated leave as agreed to in 2024 per Letter of Agreement #8. No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change 127 Resolution 2025-098 ARTICLE 16 - SAFETY 16.1 Safety Rules 16.2 Drug Testing 16.3 Safety Devices and Uniforms ARTICLE 17 - BENEFITS 17.1 Health Insurance 17.2 Health Insurance Renewal or Replacement 17.3 Annual Retention Bonus 17.4 Retirement 17.5 Training / Professional Development No Change No Change No Change No Change MODIFIED - Inserts language that the parties agree to discuss healthcare and health insurance renewal through the new Labor Management Committee (LMC), the LMC shall have access to analyses of the current plan, administration, claims payment and benefit plan, and that the LMC may make recommended changes to the City Manager by a majority vote relating to health care. Modifies section c so that the LMC shall be provided copies of renewal proposals and review options with the city manager. MODIFIED existing bonus provision in years 5-25+ for additional amounts, sustains 1.5% bonus for years 1-4. Years 5-9: 2% of base salary annually for 2.5% more over 5 years. Years 10-14: 2.5% of base salary annually for 5% more over 5 years. Years 15-20: 3% of base salary annually for 7.5% more over 5 years. Years 20 -24: 3.5% of base salary annually for 10% more over 5 years. Years 25+: 4% of base salary annually for 12.5% more over 5 years. No Change No Change 128 Resolution 2025-098 (NEW) ARTICLE 18 - LEGAL TRUST FUND FOR BARGAINING UNIT POSITIONS 18.1 This new benefit is at zero cost to employees. Employees covered by the Collective Bargaining Unit Agreement will have access to legal services up to $2,700 per year for family and other matters (real estate transactions, wills, etc.). ARTICLE 19 - STRIKE/LOCKOUT/WORK STOPPAGE/PICKET LINE *Renumbered to 19 from 18 19.1 Strike / Lockout 19.2 Picket Line ARTICLE 20 - GENERAL PROVISIONS *Renumbered to 20 from 19 20.1 Duration 20.2 Separability 20.3 Waiver of Bargaining Rights and Amendments of Agreement 20.4 Change of Agreement Appendix A Appendix B Section Renumbered. No other change. Section renumbered. No other Change. Section renumbered and duration of agreement updated to Jan. 1, 2026 - Dec. 31, 2028 Section renumbered. Section renumbered. Section renumbered. No other change. No other change. No other change. STRIKE and replace with new Salary Schedule for 2026. Positions eligible for Union Representation include all City employees now in Article 2(1) except for those specifically excluded in Article 2(2) STRIKE. Salary Schedules moved to Appendix A. 129 Resolution 2025-098 BARGAINING AGREEMENT Between the CITY OF SEWARD Seward, Alaska And the ALASKA PUBLIC EMPLOYEES ASSOCIATION Representing the SEWARD PUBLIC EMPLOYEES ASSOCIATION January 1, 202 — December 31, 202 130 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 Contents ARTICLE 1 - PREAMBLE AND PURPOSE 6 ARTICLE 2 - RECOGNITION AND MANAGEMENT RIGHTS 6 2.1 Recognition & Rights 6 2.2 Excluded Positions 6 2.3 Purpose of Bargaining 7 2.4 Alaska Labor Relations Agency (ALRA) 7 2.5 Management Rights 8 2.6 Contracting Work 8 262.7 Labor Management Committee ARTICLE 3 - UNION MEMBERSHIP AND DUES 9 3.1 Membership Requirements 9 3.2 Dues/Fees 9 3.3 Payroll Deductions 10 3.4 Union and Employee Responsibility 10 3.5 Union Representatives and Activities 10 3.6 Union Leave and Leave Bank 11 3.7 Meeting Space 12 3.8 Bulletin Board 12 ARTICLE 4 - JOB CLASSIFICATION, JOB DESCRIPTIONS & PAY PLAN 13 4.1 Classification Rights and Duty 13 4.2 Job Descriptions 13 4.3 Duties of Employees 13 4.4 Qualifications Statements 14 4.5 Job Titles 14 4.6 Review of Job Classifications and Job Classes 14 4.7 Wage Schedule 15 ARTICLE 5 - PERSONNEL ACTIONS 15 5.1 Personnel Actions 15 5.2 Definitions 15 5.3 Job Announcements 16 5.4 Types of Appointments 16 5.5 Promotion 18 5.6 Transfers 18 ARTICLE 6 - PROBATIONARY PERIODS 19 1 131 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 6.1 Newly Hired Positions 19 6.2 Probationary Period after Promotion 19 6.3 Probationary Period after Demotion 20 6.4 Discipline or Separation During Probationary Period 20 ARTICLE 7 - PERFORMANCE EVALUATIONS & PERSONNEL FILES 20 7.1 Performance Evaluations 20 7.2 Periods of Evaluations 20 7.3 The Evaluation Process 21 7.4 Personnel Files 22 ARTICLE 8 - DISCIPLINE AND DISCHARGE 22 8.1 General Policy 22 8.2 Disciplinary Action Procedure 22 8.3 Right to Union Representative During Investigative Interview 23 8.4 Just Cause 24 8.5 Garrity Rights for Licensed Personnel of Police Department 25 ARTICLE 9 - GRIEVANCE AND ARBITRATION PROCEDURES 25 9.1 Definition of Grievance 26 9.2 Procedural Steps 26 9.3 Time Limitations 27 9.4 Extension of Time Limits 27 9.5 Appeal to Arbitration 28 9.6 Selection of Arbitrator 28 9.7 Arbitrator's Jurisdiction 28 9.8 Fees and Expenses of Arbitration 28 9.9 Extension of Time Frames 28 9.10 Delivery of Grievances and Responses 28 9.11 Sole and Exclusive Nature of Grievance Procedure 29 ARTICLE 10 - SEPARATION/SENIORITY/LAYOFF 29 10.1 Actions That Constitute Separation from City Service 29 10.2 Resignations 29 10.3 Medical Separation 30 10.4 Dismissal for Just Cause 30 10.5 Seniority 30 10.6 Layoffs 31 10.7 Dismissal Notice or Severance Pay 32 2 132 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 10.8 Separation Paperwork 32 ARTICLE 11 - PAY AND PAYROLL 32 11.1 Wage Schedule and Pay Rates 32 11.2 Starting Rate on Initial Employment 33 11.3 Rate of Pay on Promotion 33 11.4 Rate of Pay for a Reclassification of a Position 34 11.5 Upward or Downward Range Change of a Job Class 34 11.6 Promotion Following Demotion In lieu of Layoff 34 11.7 Transfers 34 11.8 Demotion 34 11.9 Completion of Probation 34 11.10 Annual Step Increase 35 11.11 Acting Appointments 35 11.12 Field Training/School Resource Officer 36 11.13 Overtime 36 11.14 Call -Out Pay 36 11.15 Stand -By Pay 36 11.16 Stand -By Pay for Police Officers 37 11.17 Shift Differential 37 11.18 Payroll and Pay Periods 37 11.19 Longevity Steps 37 ARTICLE 12 - HOURS OF WORK 37 12.1 Hours of Work and Scheduling 38 12.2 Temporary Schedules 39 12.3 Lunch/Break Period 39 12.4 Changes of Permanent Schedules 40 ARTICLE 13 - HOLIDAYS 40 13.1. Recognized Holidays with Pay 40 13.2 Holiday Falling on a Regular Day Off 40 13.3 Computation of Holiday Pay 41 13.4 Forfeiture of Holiday Pay 41 ARTICLE 14 - PAID TIME OFF/LEAVE 42 14.1 Paid Time Off ("PTO") 42 14.2 Leave Accrual Rate 42 14.3 Leave Anniversary Date 43 3 133 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 14.4 Maximum Accrual 43 14.5 Payment of PTO upon Termination 44 14.6 PTO Leave Cash -Out 44 14.7 Donated Leave 44 14.8 Military Leave 44 14.9 Worker's Compensation 45 14.10 Jury Duty / Court Leave 45 14.11 Leave Without Pay 46 14.12 Family and/or Medical Leave of Absence 46 14.13 Bereavement Leave 46 14.14 Definition of "Immediate Family" 46 ARTICLE 15 - WORK RULES 46 15.1 Work Rules 47 15.2 Protection of Rights 47 15.3 Non -Discrimination 58 15.4 Employee Indemnification 59 15.5 No Poly of Lie Detector 59 15.6 Outside Employment 59 15.7 Unlawful Acts Prohibited 59 15.8 Gifts and Gratuities 60 15.9 Employment of Relatives 60 15.10 Political Activities 60 ARTICLE 16 - SAFETY 50 16.1 Safety Rules 50 16.2 Drug Testing 50 16.3 Safety Devices and Uniforms 50 ARTICLE 17 - BENEFITS 51 17.1 Health Insurance 51 17.2 Health Insurance Renewal or Replacement 51 17.3 Annual Retention Bonus 51 17.4 Retirement 51 17.5 Training/Professional Development 52 ARTICLE 18 — LEGAL TRUST FUND ARTICLE 198 - STRIKE/LOCKOUT/WORKSTOPPAGE/PICKET LINE 52 19.1 Strike/Lockout 52 4 134 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 19.2 Picket Lines 52 ARTICLE 204-9- GENERAL PROVISIONS 52 20.1 Duration 52 20.2 Severability 53 20.3 Waiver of Bargaining Rights and Amendments to Agreement 53 20.4 Changes to Agreement 53 Appendix A 54 5 135 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 ARTICLE 1- PREAMBLE AND PURPOSE This Agreement is made and entered into between the City of Seward, hereinafter referred to as the "City," and the Seward Public Employees Association, referred to as the "Union." The purpose of this Agreement is to set forth the terms and conditions of employment with the City and to promote orderly and peaceful labor relations. The parties recognize that the interests of the community and the job security of the Employees depend upon the City's success in establishing proper and cost-efficient service to the community. To these ends, the City and the Union encourage, to the fullest degree, friendly and cooperative relations between their respective representatives at all levels and among all Employees. The parties also agree that it is their mutual intent to maintain and strengthen the merit principles in the bargaining unit. ARTICLE 2 - RECOGNITION AND MANAGEMENT RIGHTS 2.1 Recognition & Rights The City recognizes the Union as the sole bargaining agent for and exclusive representative of all regular City employees, except those listed in 2.2, those Employees whose job classifications arc set out in Appendix A to this Agreement and have not elected to opt out of representation for collective bargaining with respect to salaries, wages, hours, and other terms and conditions of employment. The City shall not negotiate, confer, or handle grievances with any Employee organization other than the Union or its designee on matters concerning unit members of the Seward Public Employees Association (SPEA). SPEA contracts with the Alaska Public Employees Association (APEA/AFT) for services and has authority to administer the contract and acts as SPEA's agent. A current list of those job classifications covered and not covered by this Agreement will be updated and maintained as necessary by Human Resources. 2.2 Excluded Positions 1. This Agreement excludes from the bargaining unit and does not include any Employee who has exercised their right to be governed by the City and the following positionsclassifications: Assistant City Manager,Deputy City Manager, Executive Assistant to the City Manager, Finance Director, Deputy Finance Director, IT Manager, DcputyDirector, Deputy City Clerk, Human Resource- ManagerOfficcr, Community Development Director, Community Development Planner, Police Chief, Deputy Chief_ 6 136 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 of Police, Police Executive Assistant, Fire Chief, Deputy Fire Chief, Public Works Director, Street Foreman, Parks and Recreation Director, Park and Campground Operations SupervisorRecreation Deputy Director, Library & Museum Director, Library & Museum and Museum Program CoordinatorDeputy Director, Harbormaster, Deputy Harbormaster. Electric Director, Electric Operations Supervisor, Field Engineer, Lineman, and Plant Operator. 2. If SPEA deems an excluded position should be included in SPEA, a Unit Clarification Petition will be submitted to the Alaska Labor Relations Agency (ALRA). 2.3 Purpose of Bargaining The City and the Union now enter into an Agreement reached through collective bargaining which will have the following purposes: 1. To promote fair, reasonable, consistent, and safe working conditions. 2. To recognize the legitimate, reasonable employment -related interests of the Union to participate through collective bargaining in the determination of the terms and conditions of Employees' employment with the City. 3. To promote harmonious relations between the City and the Union. 4. To promote individual efficiency in service to the citizens of the City of Seward. 5. To avoid any interference with efficient and safe operation of the City of Seward. 6. To provide a basis for the adjustment of any matter of mutual interest by means of amicable discussion. 7. To contribute to the continuation of good Employee relations and to be in all respects in the best public interest. 2.4 Alaska Labor Relations Agency (ALRA) Both parties recognize that the Alaska Labor Relations Agency (ALRA) retains its authority to determine bargaining unit assignments. New positions and/or classifications created by the Employer shall be placed in the appropriate bargaining unit consistent with prior ALRA rulings. The SPEA shall be notified of all new job classifications created, or revisions to existing classifications, within ten (10) working days of such action. The notification shall include a copy of the job class specifications. Notification shall be via email and job class specification shall be attached. 7 137 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 No filled position shall be removed from this bargaining unit without written notification to SPEA. If SPEA does not file a written petition with the ALRA challenging the proposed bargaining unit change within fifteen (15) working days of receipt of the notice to SPEA, the Employer is free to take the proposed action. No filled position shall be changed to exempt or partially exempt status without at least thirty (30) calendar days' notice to SPEA prior to submitting the request to ALRA. Concurrent with the notice, the Employer shall provide a written explanation of the transfer request to SPEA. 2.5 Management Rights It is recognized that the Employer retains the right, except otherwise expressly provided in this Agreement, to manage the affairs of the City of Seward and to direct its workforce. Such functions of the Employer include, but are not limited to the following: 1. Determine the overall mission and purpose of the City. 2. Determining the services to be rendered, the operations to be performed, the technology to be utilized, or the matters to be budgeted and the priorities therefor. 3. Determine the overall methods, processes, means, job classification and descriptions, work schedules, work assignments, and personnel by which the work of the City is to be conducted. 4. Direct, supervise, hire, recruit, select, promote, train, evaluate, transfer within a job classification, assign, and schedule Employees. 5. Discipline Employees for just cause. 6. Lay off Employees from duties because of lack of work or funds or under conditions where the City determines that continued work would be inefficient or nonproductive. 7. Establish reasonable work rules, assign the hours of work, and assign Employees to shifts of its designation. 8. Adopt policies, regulations, educational programs, safety programs, and any other measurers, not in conflict with this Agreement, necessary to assure the efficient and effective operations of the City. 9. Contract out work if no Employee covered by this Agreement will be laid off or have their hours of work cut. 8 138 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 10. Develop and/or modify job descriptions. 2.6 Contracting Work It is the general policy of the City to continue to utilize its Employees to perform the work they are qualified to perform. However, the City reserves the right to contract out any work it deems necessary, in the interest of efficiency, improved work product, economy, or emergency, as long as no Employee covered by this Agreement will be laid off or have their hours of work cut. 2.7 Labor Management Committee To facilitate communication between the parties and to promote a climate conducive to constructive employee relations, a joint Labor -Management Committee will be established to discuss matters of mutual interest. The Labor Management Committee shall meet at least once a quarter to discuss items of mutual interest pertaining to this agreement or impacting bargaining unit members. Additional meetings may be called through meeting requests. The Union will submit all meeting requests to the City Manager and the City will submit all responses or requests to the APEA/AFT Representative and President of the Union. Both parties agree to respond in good faith to requests to convene a meeting of the Labor Management committee within five (5) business days receiving such a request. Committee size will be determined by mutually agreed -upon arrangements at the appropriate level and shall include an equal number of Union appointees and City appointees and shall be chaired by the City Manager or their designee. Approved time spent in meetings (including actual and necessary travel time) will neither be charged to leave credits nor considered as overtime worked. Management will make every effort to reschedule shift assignments or days off so that meetings fall during working hours of the Union members. Labor - Management committee meetings will be conducted in good faith. The committee shall have no authority to contravene any provisions of this agreement, nor enter into any agreements binding the parties. Matters requiring a Letter of Agreement shall not be implemented until a signed Letter of Agreement has been approved by the designated City representative(s) and designated SPEA Negotiators. ARTICLE 3 - UNION MEMBERSHIP AND DUES 3.1 Membership Rce u•rcmcnts Any eligible Employee who is or becomes a member of thc Union during the life of this Agreement shall remain a member during thc term of thc Agreement, except that such individual may withdraw from membership upon serving thirty (30) calendar days written notice to the Union and Employer. Any employee who later decides to join thc Union may only 9 139 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 opt out during either the thirty (30) calendar day period immediately preceding the annual anniversary date or the scheduled termination date of this Agreement, or the thirty (30) calendar day period immediately preceding the anniversary date of the individual's most recent official Membership Application and Dues Deduction Authorization form(s). No employee may join the Union while subject to an active disciplinary investigation or has a reasonable belief that a disciplinary investigation is imminent; during the grievance process; or for the purpose of filing a grievance. The City will not in any manner, directly or indirectly, attempt to interfere with matters between any of its employees and the Union. It will not in any manner restrain, or attempt to restrain, any employee from belonging to the Union or from taking an active part in the Union. The City will not discriminate or retaliate a ag inst any employee because of their Union membership, including but not limited to the filing of a grievance or providing evidence or testimony in arbitration or other hearing. The City will provide the name, personal email, personal phone number, address, and job title of a new eligible Employee twenty-four (24) hours before the new Employee's start date. The new Employee will have ten (10) working days from their start date to opt in or out of the Union. The Union shall provide the Employee with a copy of this Agreement and provide the City with the Union approved membership dues/fees form. The City will provide the Union with a copy of the membership dues/fees form and/or opt out form submitted by an employee to the City. 3.2 Dues/Fees Upon written authorization of an Employee on a form provided by the Union, the City shall deduct from the Employee's paycheck the monthly amount of union dues or agency fees and transmit such amount to the Union. 1. Membership Dues: Membership dues and fees for Employees who join the Union shall be collected in accordance with the bylaws of the Union. 2. Voluntary Agency Fees: Employees covered by this Agreement who choose to become a Voluntary Agency Fee Payer shall have such fees collected in accordance with the bylaws of the Union. 3.3 Payroll Deductions 1. The payment of membership dues or voluntary agency fees shall commence with the first payday of the month after thirty-one (31) calendar days following the initial date of employment. 2. The City shall promptly pay to the Union those authorized membership dues/agency fees deducted from Employee wages each month. Employees, who choose to change 10 140 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 their status from membership to a voluntary agency fee payer or to a non-member, may do so after written notice to the Union and the City Administration. Such status change shall become effective immediately based on the date of the written notice. Any adjustments to the deductions shall occur at the next full pay period. 3.4 Union and Employee Responsibility This Agreement is binding for every Employee in the bargaining unit. Each Employee, individually and collectively, accepts full responsibility for carrying out all the provisions of this Agreement. The Union agrees that it shall actively dissuade absenteeism and tardiness, all forms of illegal harassment, and any other practices which may hamper the City's operation. The Union will support the City's efforts to eliminate waste and inefficiency, to improve the quality of work, and to promote harmonious relations between the City and Employees. The Union shall make every effort to see that Employees obey all City workplace policies, procedures, rules, and instructions which are not in conflict with the terms of this Agreement. 3.5 Union Representatives and Activities 1. The Union may have six (6) Employee Representatives who shall be authorized to handle complaints and grievances arising under this Agreement. The Union shall provide to the City a list of all authorized Employee Representatives. The Union may designate different Employee Representatives at any time within thirty (30) calendar days written notice to the City Administration. 2. An Employee Representative may make reasonable visits within the work area the Employee represents for the purposes of handling specific complaints and grievances arising under this Agreement. The Employee Representative shall first notify and obtain the approval of the Department Head in advance of such visit, advising the Department Head where the Employee Representative shall be and how long the Employee Representative anticipates such visit shall take. The Employee Representative shall arrange such visits to occur at times when they will least impact City operations and the performance of work. Prior to conducting such visit, the Employee Representative shall fill out the appropriate time record recording the time the Representative left the work assignment/area. Upon concluding the visit, the Employee Representative shall promptly notify the Department Head that the visit was concluded, and that the Representative has returned to the work assignment/area, at which time the Representative shall record on the appropriate time record that the visit has concluded. All time spent on such visits shall be designated on the time record as Union Leave and deducted from the appropriate Union Leave account. 3. The Union may have representatives who are not Employees of the City who also shall be authorized to speak for the Union in all matters governed by this Agreement and shall be permitted to visit any work area for the purpose of administering this Agreement at reasonable times upon advance approval of the City Administration or 11 141 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 designee. Such approval will not be unreasonably denied. The Union shall arrange such visits to occur at times when they will least impact City operations and the performance of work. The Union shall provide to the City a list of all such authorized representatives. 4. During working hours, the Employee Representative may handle complaints and grievances arising under this Agreement with the proper City Representative. These visits shall be scheduled, held and accounted for in the same manner and in accordance with the procedures set forth in Section 2 above. Employee Representatives will not leave their work duties during emergency or critical situations. 5. Upon the concurrence of the Department Head and when the normal flow of work will not be unduly disrupted, the Employee Representative will be allowed to confer periodically and for a reasonable length of time with Employer Representatives to work out solutions to problems on matters not deemed critical but which, because of convenience to both management and labor, can be moved toward resolution. These visits shall also be scheduled, held and accounted for in the same manner and in accordance with the procedures set forth in Section 2 above. 3.6 Union Leave and Leave Bank 1. Employees granted Union leave shall be paid for their leave time from the Union Business Leave Bank as set out in Subsection 2 below, so long as there is accumulated leave in the bank. The City shall not be obligated to compensate the Employee Representatives for any time spent on Union leave. The hours spent on Union leave will not be counted as hours worked for purposes of computing overtime. Union leave shall be granted in the following manner: a. No more than six (6) Employee members of the Union negotiating committee shall receive Union leave for all time necessary for the conduct of contract negotiations, including reasonable time for negotiating committee meetings outside of the negotiations themselves. b. Union leave shall be granted for all reasonable time necessary to process grievances, including arbitrations, for grievants, Employee Representatives and elected Union officers who may be involved, and witnesses. c. Employee Representatives shall be granted up to five (5) workdays per calendar year of Union leave to attend Union sponsored training. d. Elected Union officers shall be granted a reasonable amount of Union leave for the purpose of conducting Union business. Such time shall not normally exceed four (4) hours per week. e. Union leave will not be unreasonably denied. However, it is understood and agreed that such leave may be denied if the Employee's services are needed by the City. 12 142 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 Requests for association business leave will normally be made through the Union President or designee. The Union will endeavor to give as much notice as possible for business leave. 2. Union Business Leave Bank a. There is hereby created a Union Business Leave Bank which shall be administered by the Employer with records kept by the Employer. The Bank shall be established by an automatic transfer each January 16 of two (2) hours of PTO leave from the leave account of each Employee in the bargaining unit. If an Employee does not have two (2) hours of PTO leave as of January 16, the two (2) hours shall be transferred when the Employee has accrued them. The Bank will be used consistent with the terms of this Article. b. The Union may cancel the automatic leave deduction for any year in which enough cash is available for purposes of the Bank. c. The Employer agrees that reasonable effort will be made to release Employees consistent with the terms of this Article. However, the parties recognize that situations may arise that prevent representatives from being released. 3.7 Meeting Space Where there is available meeting space in City owned facilities, such space may be used for meetings by the Union at no cost to the Union with a written reasonable notice to the City. Approval shall not be unreasonably denied. 3.8 Bulletin Board The Union shall have the right to use bulletin board space at mutually agreeable locations for the purposes of posting Union information. The union contract and union calendar shall be placed in all city Employee break rooms and shall be plainly visible. ARTICLE 4 - JOB CLASSIFICATION, JOB DESCRIPTIONS & PAY PLAN It is the obligation of the City to establish and maintain a classification system and a pay plan. 4.1 Classification Rights and Duty 1. The City shall have sole authority and duty to establish, decide, determine, and designate all occupational classifications it has to offer Employees, including the right to establish new classifications, reclassify, change, consolidate or abolish existing classifications at any time, and to determine job content, duties and responsibilities. The City shall also have the authority to allocate and reallocate positions. 13 143 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 2. The City may establish new classifications and rates for classifications. The City shall notify the Union when any new classification is established within ten (10) working days of such action. The notification shall include a copy of the job class specifications. Unless otherwise agreed by the parties, notification shall be via email and job class specification shall be attached. In the event the Union, within five (5) calendar days thereafter, notifies the City in writing that it disagrees with said rate, the matter shall be subject to negotiations between the parties. The rate shall be effective as of the first date Employees were assigned to the classification. 4.2 Job Descriptions The City shall maintain job descriptions which identify essential functions but are not inclusive of every duty of a position. Job descriptions shall include a statement of qualifications consistent with Section 4.4 below. The City will notify the Union of proposed changes to Job Descriptions which will impact Employees currently employed in the affected position(s) within ten (10) working days prior to being adopted. The notification shall include a copy of the job class description. Notification shall be via email and job class specification shall be attached. In the event the Union, within five (5) calendar days thereafter, notifies the City in writing that it disagrees with said rate, the matter shall be subject to negotiations between the parties. 4.3 Duties of Employees An Employee may be required by the City to perform the duties described in the job description for the Employee's class as well as any other duties which the Employee has the skills and qualifications to perform. 4.4 Qualifications Statements The qualifications statements in each job description establish minimum requirements that must be met by an individual before consideration for appointment or promotion to a position. Common alternative combinations of education, training or experience are specified in the job description. 4.5 Job Titles 1. Official Job Titles: Each position shall have an official job title which is specified in the classification plan and is used to identify each individual position. The official job title shall be used to designate positions in all budget estimates, payroll documents, and personnel records and reports. 2. Working Job Titles: For all purposes other than those described in Subsection 1 above, any suitable working job title may be used. 3. Position Levels: The job titles are generally indicative of the work of the position and of 14 144 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 the level of its importance and responsibility. Where Roman numerals or numbers are affixed at the end of a title to indicate level within an occupation subseries, the higher numbers represent the higher levels. 4.6 Review of Job Classifications and Job Classes 1. The City Manager shall provide for a systematic and periodic review of classes of positions if the City Manager determines, in his or her sole discretion, that duties, responsibilities, and authority have changed substantially, or other conditions, including but not limited to an Employee request for review, warrant such a review. The City Manager shall allow the Union and Employees to provide input into such a review. 2. When an Employee, or the Union acting on the behalf of an Employee, feels that the duties and responsibilities of his/her position are not accurately reflected in the job description, the Employee or the Union will provide a written request in writing to Human Resource Officer to re -analyze the job description. 3. The Union may appeal in writing the findings of the Human Resources Officer to the City Manager within ten (10) working days. The City Manager will render a decision within thirty (30) working days. 4. The Union may request not more than three (3) studies of significant substance under Subsection 2 above in a calendar year. 4.7 Wage Schedule The pay plan shall include the schedule of pay ranges, consisting of minimum, intermediate, and maximum rates of pay for all positions. The development of the pay plan shall be directly linked with the classification plan and shall be based on the principle of equal pay for equal work. The City Administration shall be responsible for developing the pay plan and pay schedule. a. Wage The Salary Schedule schedules arc is posted in Appendix AW. ARTICLE 5 - PERSONNEL ACTIONS 5.1 Personnel Actions The City shall have the sole and exclusive right to make appointments, including but not limited to recruiting, examining, selecting, promoting, and transferring Employees of its choosing and to determine the times and methods of such actions. The City retains the right to fill any position from outside the bargaining unit, although the City recognizes the benefits of selecting a qualified Employee covered by this Agreement who has applied for a vacancy. All personnel 15 145 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 actions shall be documented. 5.2 Definitions 1. "Appointing authority" means the City Manager, except that the City Clerk shall be the appointing authority for all positions in the City Clerk Department. 2. "Department Head" means each of the following: The Finance Director, the Manager Director of Engineering and Construction Community Development, the Manager Director of Electric Utility, the Public Works Director, the Harbormaster, the Chief of Police, the Fire Chief, the Director of Parks and Recreation, the IT Director, and the Library & /Museum Director. 3. "Personnel officer" means the Human Resource Officer Manager. 4. "Exempt employee" means an employee whose position is classified under the Fair Labor Standards Act (FLSA) as an executive, professional, or administrative position. These positions are not subject to overtime compensation. 5. "Regular employee" means an employee in a regular position, full-time or part-time, who has successfully completed all probationary periods and is not a temporary, seasonal, on -call, or emergency employee. 6. "Regular position" means a position which is expected to exist for more than nine (9) months. 7. "Full-time employee" means an employee who regularly works forty (40) hours per week. 8. "Part-time employee" means an employee who regularly works one (1) to thirty-four (34) hours per week. 9. "Probationary employee" means an employee who has not yet completed the probationary period imposed (reference the article not the code). 5.3 Job Announcements 1. The City shall post all bargaining unit position job openings, whether newly created or vacant, at mutually agreeable locations in each department for a period of five (5) calendar days prior to the expiration date for submission of applications. The posting timeframe may be shortened when required by circumstances beyond the City's control or where necessary to ensure the continuity of City operations. Justification must be provided in the announcement and to the union. 2. All qualified bargaining unit members who hold regular status and submit an application 16 146 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 for a posted vacancy will be considered for any job vacancy covered by this Agreement along with any other applicants. 3. Qualified Employees covered by this Agreement who apply for any vacancy shall be granted an interview for the position. The City acknowledges the value of current Employees and agrees to give Employees who interview for a vacant position full and fair consideration. 5.4 Types of Appointments 1. Emergency Appointment: The appointing authority may authorize emergency appointments not to exceed thirty (30) calendar days without recourse to usual certification procedures. Such appointments shall be made only in cases of an unforeseen emergency and when necessary to prevent impairment to City services. Emergency appointments are not entitled to any benefits. a. The City shall notify the Union in writing of an Emergency appointment or reappointment no later than 10 (ten) days after such an appointment. The notification shall include, but not be limited to, the position title, length of appointment, pay, description of unforeseen em gency, and description of impairment to the city. 2. On -call Appointment: Employees may be hired on an on -call basis upon the recommendation of the Department Head and approval of the City Manager. On - call appointments may be for no more than 180 calendar days. a. The City shall notify the Union in writing of an On -call appointment or reappointment no later than 10 (ten) days after such appointment. The notification shall include, but not be limited to, the position title, length of the appointment, pay, and summary of the recommendation by the Department Head. 3. Probationary Appointment: All appointments to positions in City service, including new hires, rehires, demotions for disciplinary reasons, and promotions shall be on a probationary basis. Length of probation period for a regular full-time employee is 180 calendar days unless probation is extended. 4. Regular Appointment: A regular appointment occurs after an Employee has satisfactorily completed a probationary appointment to the position. 5. Temporary Appointment/Seasonal Appointments: a. Temporary appointments shall not exceed nine (9) consecutive months. Ne- temporary employee shall work more than nine (9) months in a calendar y ar. 17 147 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 Consecutive nine -month appointments cannot be served without a break. A break is defined as one (1) entire pay period off. i. The City shall notify the Union in writing of a Temporary appointment or reappointment no later than 10 (ten) days after such appointment. The notification shall include, but not be limited to, the position title and description, project description, length of appointment, length of a break (if the appointment is consecutive), and pay. ii. A temporary appointment may be terminated at any point for positions which have a full-time position already established with the City, should a full-time employee become available b. Seasonal Appointment: Seasonal appointments shall be made on a seasonal basis with the expectation that the Employee will return to their position consistent with the City's needs, although the hiring will be temporary pursuant to Temporary appointments. No Employee shall have the absolute right to continue employment in any particular position. c. Employees hired on a temporary or seasonal basis with prior City work status may be given preference for re-employment for the same position on the recommendation of the Department Head and approval of the City Manager. Job announcements for temporary or season positions shall contain notice that persons with priority City work status may be accorded preference for re-employment. 6. Term Appointments: The appointing authority, or a Department Head with the approval of the City Manager, may appoint term employees. A term employee is an employee in a position, full or part-time, that is designed for a specified period of time of more than nine (9) months and less than two (2) years for a specific purpose or project. A person hired for a term appointment shall be hired under the same provisions and have the same benefits as a regular employee, except that a term employee appointed to a position of less than one year shall not accumulate annual leave or be authorized military or education leave. However, annual leave shall be credited retroactive to the date of term appointment if a term employee is appointed as a regular employee without a break in service as an Employee of the City. a. The City shall notify the Union in writing of a Term appointment or reappointment no later than 10 (ten) days after such an appointment. The notification shall include, but not be limited to, the position title and description, project description, length of appointment, and pay. 7. Acting Appointment / Temporary Assignment: a. An acting appointment is made when a qualified Employee may be required to serve 18 148 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 temporarily in a higher -level position. b. Time in an acting appointment may be counted toward experience for the class of position. c. Employees filling an acting assignment shall not be asked or allowed to do jobs or tasks that they are not adequately trained or licensed to do. An Employee who obtains an acting appointment shall not always be required to perform all the duties and responsibilities assigned to the incumbent. The duties and responsibilities that are assigned to the Employee who has obtained the acting appointment shall be determined by the City Administration. d. When an Employee is temporarily assigned to a position with a higher pay range for a period of at least three (3) consecutive days, or when the Department Head is out of state, but less than thirty (30) days, they shall be compensated above their base rate by tcn twenty-five percent (25%). If an Employee's base rate is the maximum of the pay range, they shall be compensated above the maximum pay step by tcn twenty-five percent (25%). If the assignment is for a period of thirty (30) calendar days or more, they shall be paid at the first step of the higher pay range or they shall be given a tcn twenty-five percent (25%) increase as provided in the preceding sentence, whichever is higher, for the full period worked in the temporary assignment. An Employee who is temporarily assigned to a position with a lower pay range for any period shall not receive a reduction in pay. An Employee acting in an exempt position will still receive their hourly rate plus tcn twenty-five percent (25%) and will be paid for overtime at time and a half. 5.5 Promotion A promotion is the filling of a vacancy by the advancement of an Employee from a position having a lower pay range. Promotions shall be based upon qualifications. All promotions shall be advertised for seven (7) days to all City Employees. All qualified City Employees shall be allowed to apply and complete the interview process before the position is posted to the public. 5.6 Transfers A transfer is the lateral movement from one bargaining unit position to another position in the same or a parallel class in the same pay range without any break in service. The transfer may be within a department, or from one department to another. An Employee must meet the minimum qualifications for the position the Employee transfers to. 1. Voluntary Employee Requested Transfer: An Employee may request a transfer within or between departments by submitting the request in writing to the City Administrators. The request must include a current job application providing evidence of qualification 19 149 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 for the requested position. Upon approval of the City Administration, or designee, and before completion of any transfer, the Employee shall be notified in writing of any change in status, including pay step, anniversary date, length of service, and requirement for serving a probationary period. 2. Reasonable Accommodation: A transfer may be offered to a qualified Employee with a disability under the Americans with Disabilities Act. Failure to accept an offered transfer in this situation may result in administrative separation if the Employee is unable to perform the essential functions of his/her current position without accommodation and if the Employer can demonstrate that an accommodation would impose an undue hardship. ARTICLE 6 - PROBATIONARY PERIODS 6.1 Newly Hired Positions 1. The probationary period for full time positions is one hundred and eighty (180) calendar days. 2. The probationary period for part-time positions is five hundred and twenty (520) hours of consecutive service. 3. Probationary appointments entitle a newly hired Employee to the same benefits available to an Employee who has obtained a regular appointment, subject to the conditions of the benefit plans, and unless otherwise specified in this Agreement. 4. The Employee shall acquire regular status on the first working day following completion of the probationary period unless action is taken to separate the Employee or to extend the probationary period in writing prior to the end of the probationary appointment. The probationary period may be extended for a period of time not to exceed ninety (90) calendar days. Such an extension does not affect or change the initial hire anniversary date with the City for the Employee. 6.2 Probationary Period after Promotion 1. Regular Employees who are promoted shall serve a new probationary period of one hundred and eighty (180) calendar days in the new position. An Employee who holds regular status in any position and who subsequently accepts a promotion to a new position retains return rights to return to the last position in which Employee held regular status if the position is vacant when the employee requests to return. The Employee may exercise these rights voluntarily at any time prior to completion of probation in the new position or upon notification that Employee has failed to satisfactorily complete probation in the new position. An Employee who exercises this return right shall not be required to serve a probationary period in a position where the Employee has already held regular status. Return rights do not apply to an Employee disciplined for just cause. 20 150 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 2. Unless the continuity of City services is at risk, the promoted Employee's previous position will not be filled for fourteen (14) days in order for the newly promoted Employee and the City to determine if the promotion is a proper fit. Either the Employee or the City can invoke return rights to the Employee's previous position during this time for any reason or no reason. 3. A promoted Employee who returns to a previous position, regardless of the reason, will be returned to the range and step the Employee held prior to promotion. 4. Employees who promote or transfer out of the bargaining unit have no rights to return to their former bargaining unit position. 5. Promotional probationary employee means an employee who has not successfully completed a probationary period for a position into which the employee was promoted or hired. 6.3 Probationary Period after Demotion When a Regular Employee is demoted for a non -disciplinary reason to a position in a job classification where the Employee had previously completed a probationary period, no probationary period shall be served. When a Regular Employee demotes into a position that the Employee has not previously held regular status, the Employee shall be placed on a six (6) month probationary period. 6.4 Discipline or Separation During Probationary Period At any time during the probationary period, a newly hired Employee serves "at will" and may be disciplined or discharged for any reason or no reason. Just cause is not required for any form of discipline or separation during the probationary period under these circumstances. ARTICLE 7 - PERFORMANCE EVALUATIONS & PERSONNEL FILES 7.1 Performance Evaluations The primary purpose of the Employee performance evaluation program is to inform Employees how well they are performing and to offer constructive criticism on how they can improve their work performance. Performance evaluations shall also be considered in decisions affecting salary advancement, promotions, reassignments, dismissal, and training needs. 7.2 Periods of Evaluations 1. End of Probationary Period: Each Employee shall be evaluated within ten (10) working days prior to the completion of their probationary period. If the probationary period 21 151 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 ends without being extended or the employee being terminated, it is assumed the Employee performance is satisfactory even if a performance review is not completed, and shall receive their pay increase. 2. Annual: Each Employee shall receive an annual performance evaluation. (see 7.3.5) 3. Special: A special performance evaluation may be completed when there is a significant change either upward or downward in the Employee's performance. 7.3 The Evaluation Process 1. Rating Officer: The rating officer shall be the Employee's immediate supervisor. The rating officer shall be responsible for completing a performance evaluation on the form provided and approved by the City. In the case of unsatisfactory performance, the rating officer will include written comments as to the remedial actions required by the Employee. The completed evaluation shall be discussed with the Employee, and the Employee will be allowed to add comments if desired. After the discussion is completed, both the rating officer and the Employee shall sign the completed evaluation form, but such form shall not be considered incomplete or invalid because the Employee fails or refuses to sign it. 2. Reviewing Officer: The reviewing officer shall be the rating officer's immediate supervisor. The reviewing officer shall review the performance evaluation completed by each rating officer under their jurisdiction before the report is discussed with the Employee. The reviewing officer shall consider the performance evaluation completed by the rating officer when evaluating the rating officer's performance. 3. The Employee shall be allowed five (5) calendar days to prepare written comments which will become part of the evaluation. No further comments or changes may be made on the form by management after it has been submitted to the Employee for final signature. The original performance evaluation shall be filed in the Employee's personnel file with a copy of the final document provided to the Employee. 4. Police officers shall not be evaluated on the number of traffic stops and citations they write or the number of arrests they make, unless they are provided written directive by the department head, to the extent that the number of stops, citations or arrests is indicative of performance, the figures may be considered during an evaluation in conjunction with other factors. 5. Employees who receive an overall rating of "unsatisfactory" on their annual evaluation shall not be eligible to receive a step increase. Any unsatisfactory performance evaluation will require review and concurrence by the City Manager. 6. When an annual evaluation is not completed and discussed with the Employee within thirty (30) calendar days following the Employee's anniversary date in a position, it is 22 152 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 assumed the Employee is meeting performance expectations, unless shown otherwise by substantial evidence. If a performance evaluation is not completed timely through no fault of the Employee, it is assumed the Employee performance is satisfactory, and shall receive their pay increase. 7.4 Personnel Files 1. The City shall maintain a confidential personnel file for each Employee in the Human Resources office. No confidential or protected information will be maintained by any individual City department unless specifically identified within this Agreement or required by law. 2. An Employee shall have access to their personnel file in a reasonable period of time following notice to the Human Resources office. Employees shall also be provided a copy of the Employee's personnel file, or any parts thereof, within a reasonable period of time following the Employee's request for a copy. 3. The Union, or any other third party, shall have access to an Employee's personnel file only upon written authorization by the Employee specifying what files or documents the Union or third party may review. 3,4. The Union Shall be present an Employee's exit interview upon written request to the Human Resource Manager and with the written authorization of the employee. 45. Nothing in this Section precludes the City from releasing an Employee's personnel file as required by law or a court order. ARTICLE 8 - DISCIPLINE AND DISCHARGE 8.1 General Policy 1. All Employees shall be informed of applicable standards of performance and personal conduct. All City Employees shall have in their possession a copy of an up-to-date personnel regulations manual. 2. All disciplinary actions shall be documented in writing and presented to the Employee and placed in the Employee's personnel file. The letter shall be reviewed with the Employee and sincere efforts shall be made to obtain agreement with the Employee that facts are stated correctly that the inappropriate or incorrect behavior did occur, that it represents behavior that should be disciplined, that the discipline is appropriate and that the behavior shall not be repeated. If agreed errors are found, the letter shall be revised and again reviewed. Comments of the Employee shall be entered under the appropriate heading. 8.2 Disciplinary Action Procedure 23 153 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 1. Regular Employees: The City shall notify SPEA Employees of meetings to be held that may result in discipline in writing. The notification shall include the purpose of the meeting, the date, time, and place that the meeting will be held, and that the Employee has the right to request Union representation. Also, the notification will allow twenty- four (24) hours as described in Section 8.3(2) to arrange for appropriate representation to be secured if the Employee so desires. No Regular (non -probationary) Employee shall be disciplined without just cause. The City will follow the principle of progressive discipline at the appropriate steps and as applicable. Progressive discipline steps may include but are not limited to: a. oral reprimand (memorialized in writing); b. written reprimand; c. suspension without pay; d. demotion; or e. dismissal. 2. Probationary Employees: At any time during the probationary period, a new or rehired Employee may be disciplined or discharged for any reason or no reason. Just cause is not required for any form of discipline or separation during the probationary period. 3. Mitigating circumstances may be considered when evaluating a just cause disciplinary situation, to include the Employee's past performance, length of service, and existence of past discipline. 4. A Bargaining Unit Member will have the right to examine his or her personnel files. Reasonable requests for copies of material contained in personnel files will be honored. Upon written request to the City Administration, disciplinary material may be removed after two (2) years. In the event the requested material is not removed, the bargaining unit member will be informed of the reasons why and the conditions necessary for its removal. 8.3 Right to Union Representative During Investigative Interview 1. Employees will be entitled to their Weingarten rights when answering questions asked by their supervisor or by a City representative, when they believe their response to the question(s) could lead to their being disciplined or terminated or adversely affect their personal working conditions. 24 154 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 2. Employees shall be given twenty-four (24) working hours' notice of a disciplinary interview, so they can arrange to have their Union representative present. 3. The City will provide a copy of notices of a disciplinary interview to the Union President and the APEA/AFT Field Representative. 8.4 Just Cause "Just cause" means that justification exists for a proposed disciplinary action. "Just cause" includes, but is not limited to, the following: 1. Insubordination, including failure to comply with a supervisor's instruction and work assignment. 2. Dishonesty, either verbally, in writing, or in action, including but not limited to falsification of employment application or other City documents and time sheets. 3. Drugs and Alcohol. a. Employees will be terminated for use or possession of alcohol, marijuana or illegal drugs at the work site during work hours. Unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace. b. Employees are encouraged to voluntarily seek professional support for drug or alcohol -related problems. Employees who seek treatment shall discuss the situation with their supervisors if leave time, with or without pay, is required for the employee to obtain treatment or hospitalization. 1. Supervisors are encouraged to grant leave, with or without pay, for such requests. 2. When leave without pay is involved, the employee shall provide a statement from the attending physician or counselor to the supervisor, stating that treatment is being received and describing the length of the treatment program. 3. An employee's job security or promotion opportunities shall not be jeopardized by a request for leave to obtain counseling or treatment. c. In all matters concerning employees' drug or alcohol -related problems, strict confidentiality shall be maintained by supervisors, administrators, and administrative support personnel. 25 155 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 1. Failure to comply with safety regulations. 2. Fighting or other disorderly conduct on City premises or while on City business. 3. Stealing of or unauthorized use of City tools, equipment, or property. 4. Recurring absenteeism, tardiness, or leaving the worksite early. 5. Conviction of a crime which damages the image or reputation of the City or conviction of a crime which impairs or compromises the Employee's credibility, eligibility, or fitness for work. 6. Inefficiency, including waste of working time or materials. 7. Failure to conduct oneself on duty in a cooperative manner. 8. Exhibiting on duty conduct or behaviors which interfere with the Employee's performance or the City's business, operations, or image. 9. Willful violation of any personnel regulations. 10. Violations of applicable state or City laws and regulations concerning ethics and conflicts of interest. 11. Any act or omission which had or will have a material adverse effect on the business, operations, or financial condition of the City. 12. Harassment of other Employees or the public. 13. Loss of necessary license or required certification for the position. 14. Any other conduct identified in the Seward City Code as grounds for discipline or dismissal from employment; or 15. Any other conduct commonly recognized by reasonable persons as justification for discipline, including dismissal. 8.5 Garrity Rights for Licensed Personnel of Police Department Uniformed personnel of the Police Department shall be accorded the protections and obligations provided in Garrity v. New Jersey, which requires, among other things, warnings concerning right to counsel and the potential uses of statements made in the course of investigatory interviews. 26 156 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 ARTICLE 9 - GRIEVANCE AND ARBITRATION PROCEDURES 9.1 Definition of Grievance A grievance is a dispute involving the interpretation, application, or alleged violation of any provision of this Agreement. It is the mutual intent of both parties to resolve any differences at the lowest level. All Employees shall be encouraged to bring any disagreements to their immediate supervisor initially to resolve such problems through informal and free communication before the formal grievance procedure begins. 9.2 Procedural Steps 1. All grievances presented at Step 2 of this Article and beyond shall set forth: the facts giving rise to the grievance; the provision(s) of the Agreement alleged to have been violated; the names of the aggrieved Employee(s); and the remedy sought. All grievances at Step 2 and beyond shall be signed and dated by the aggrieved Employee and/or Union representative. All written answers submitted by the City shall be signed and dated by the appropriate City representative. 2. Grievances involving a disciplinary suspension, or a termination of employment, must be entered into the formal grievance procedure at the Step 2 level. Step 1: The aggrieved Employee or group of Employees shall present the grievance orally to the immediate supervisor within ten (10) working days of its occurrence, not including the day of the occurrence. Pre -grievance discussion will not extend the ten (10) working day period. The supervisor or department head shall give an oral reply within five (5) working days of the date of presentation of the grievance, not including the date of presentation. Step 2: Written Grievance to Department Head. The Employee, through the Union, no later than fifteen (15) working days after the event giving rise to the grievance, or fifteen (15) working days after the Employee or Union should reasonably have learned of the event giving rise to the grievance, whichever is later, must submit a written grievance to the Department Head. The Department Head shall give Employee written answer to the grievance within fifteen (15) working days after receipt of the grievance. Step 3: Written Appeal to the City Administration. A grievance appealing a dismissal of a grievance, or a grievance not settled at Step 2 shall be filed at Step 3. The Employee, through the Union, no later than fifteen (15) working days after a dismissal or the receipt of the Department Head's written answer at Step 2 may file a written appeal of that answer to the City Administration. No later than fifteen (15) working days after receipt of the written appeal, the City Administration, or 27 157 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 designee, shall meet with the Employee and the Union representative. The City Administration, or designee, shall give Employee written answer to the grievance within fifteen (15) working days after such meeting, which answer shall be final and binding on the Employee, the Union, and the City, unless it is timely appealed to arbitration by the Union in accordance with the procedures set forth in Section 9.5 of this Article. Step 4: Appeal to Arbitration per Section 9.5. 3. Any Step in the grievance procedure may be eliminated by mutual consent. Mutual consent shall be indicated in writing and shall be signed by all parties. 9.3 Time Limitations 1. If the grievance procedures are not initiated within the established time limits, the Employee shall be considered as having waived his/her right to grieve the particular violation or complaint. 2. Any grievance not taken to the next step of the grievance procedure within the established time limits shall be considered settled based on the last reply made. 3. If the City fails to meet or answer any grievance within the established time limits, such grievance shall automatically advance to the next step. 4. If the grievance hearing before the appeal board under Step 4 of the grievance procedure is not held within ninety (90) days from the date of the hearing request, the grievance shall be considered abandoned and the matter shall end, except if failure to hold the hearing is caused by the City's refusal to meet at any time during that period, it shall be deemed that the City has considered the grievance to be in favor of the grievant and shall resolve the matter accordingly. 5. The time limitations set forth in this Article are of the essence of this Agreement. No grievance shall be valid unless it is submitted or appealed within the time limits set forth in this Article. If the grievance is not timely submitted at Step 1 or Step 2, it shall be deemed waived. If the grievance is not timely appealed to Step 2 or beyond, it shall be deemed to have been settled in accordance with the City's Step 2 answer. If the City fails without reasonable cause to request an extension or otherwise communicate with the aggrieved party within the time limits or in the manner set forth in this Article, the Union shall be granted the remedy requested. Any default remedy cannot be used as precedent against the City if a similar situation arises in the future. 9.4 Extension of Time Limits The established time limits may be extended by mutual consent of the parties involved. Likewise, any step in the grievance procedure may be eliminated by mutual consent. Mutual 28 158 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 consent shall be indicated in writing and shall be signed by all parties. 9.5 Appeal to Arbitration Any grievance, as defined in Section 9.1 of this Article, that has been properly and timely processed through the grievance procedure set forth in Sections 9.2 through 9.4 of this Article and that has not been settled at the conclusion thereof, may be appealed to arbitration by the Union by serving the City with written notice of its intent to appeal. The failure to appeal a grievance to arbitration in accordance with Section 9.6 within fifteen (15) working days after receipt of the written answer of the City at Step 3 of the grievance procedure set forth in Section 9.2 of this Article shall constitute a waiver of the Union's right to appeal to arbitration, and the written answer of the City at Step 3 of the grievance procedure shall be final and binding on the aggrieved Employee, the City, and the Union. 9.6 Selection of Arbitrator Unless otherwise agreed, no later than fifteen (15) working days after the Union serves the City with written notice of intent to appeal a grievance to arbitration, the City and the Union shall jointly request the Federal Mediation and Conciliation Service (FMCS) to furnish to the City and the Union a list of seven (7) qualified and impartial arbitrators. After receipt of that list, the City and the Union shall alternatingly strike names from the list until only one (1) name remains (the order of striking to be determined by the toss of a coin flipped by the Union Representative and called by the City). The arbitrator whose name remains shall hear the grievance 9.7 Arbitrator's Jurisdiction The jurisdiction and authority of the arbitrator and his or her opinion and award shall be confined exclusively to the interpretation and/or application of the express provision(s) of this Agreement at issue between the Union and the City. The arbitrator shall have no authority to add to, detract from, alter, amend, or modify any provision of this Agreement. The arbitrator shall not hear or decide more than one (1) grievance without the consent of the City. The written award of the arbitrator of any grievance adjudicated within his or her jurisdiction and authority shall be final and binding on the aggrieved Employee, the Union, and the City. 9.8 Fees and Expenses of Arbitration The losing party as determined by the arbitrator shall bear the fee of the arbitrator; if, in the opinion of the arbitrator, neither party can be considered the losing party, then such fees should be apportioned as determined by the arbitrator. 9.9 Extension of Time Frames Time frames for the grievance/arbitration process may be extended only by mutual agreement of the Union and the City. 29 159 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 9.10 Delivery of Grievances and Responses 1. Grievances and responses shall be delivered by electronic communication. When a writtcn grievance or response is delivered by mail, it shall be scnt rcturn receipt requested to the respondent or to thc person filing thc grievance. Whcn a writtcn grievance or response is hand delivered, thc respondent or thc person filing the grievance shall acknowledge receipt in writing of thc grievance or response. Whcn a shall be delivered by mail. Copics of all writtcn responses to grievances at any stcp shall be sent to thc APEA/AFT Field Office in Anchorage. 2. For the purposes of the time frames in this Article, a grievance or response delivered by mail or electronic communication shall be considered submitted on the date the electronic communication is sent of mailing or date of electronic communication, but the time for response or for filing the next step shall not begin to run until the day after actual reccipt.the electronic communication is sent. A hand delivered grievance or repo shaIi be sidcrcd bmittcd on thc date of delivery, and thc time for response or for filing thc next stcp begins to run on thc day after that date. If the last day of a time period falls on a Saturday, Sunday, or holiday, the period will be extended until the next business day. 9.11 Sole and Exclusive Nature of Grievance Procedure The grievance procedures of this Agreement are the sole and exclusive remedies of the Employees of the City of Seward alleging violations of this Agreement and/or any disciplinary actions or complaints. ARTICLE 10 - SEPARATION/SENIORITY/LAYOFF 10.1 Actions That Constitute Separation from City Service An Employee shall be separated from City service upon the occurrence of any of the following, including but not limited to, resignation, medical separation, retirement, dismissal for cause, release during probationary period, job abandonment, or layoff. 10.2 Resignations 1. Notice of Resignation: An Employee who desires to resign in good standing shall give at least fourteen (14) calendar days' written notice to their immediate supervisor. Members of the Police and Fire Departments must provide at least thirty (30) calendar days' advance written notice. The period of notice may be reduced or waived by the City upon recommendation of the Department Head. A notice of resignation shall become part of the personnel file. Employees who resign or are terminated shall be paid in accordance with state and federal law. 30 160 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 2. Withdrawal of Resignation: An Employee may withdraw his or her resignation prior to the effective date stated in the notice of resignation only with the written approval of the Department Head and the City Administration. 3. Failure to Give Adequate Notice: Failure to give adequate notice shall be noted on the Employee's separation documents and shall constitute a factor in consideration of any future application for employment with the City. 4. Effective Date of Resignation: The effective date of resignation pursuant to a notice of resignation shall be the last day on which the Employee works. 10.3 Medical Separation An Employee who is unable to return to work following approved medical leave, with or without pay, shall be separated in good standing from City of Seward employment. Depending on the type of injury or illness, and whether it happened on or off the job, the Employee may be able to take part in either the Long -Term Disability Program with the City of Seward health benefit plan or the Long -Term Disability Plan under the retirement system. Employees are responsible to make themselves aware of the particular requirements in both Long -Term Disability plans and should contact the City if further information is required, beyond what is provided in the plan documents. 10.4 Dismissal for Just Cause 1. The City Manager or Department Head, upon approval of the City Manager, may dismiss a regular Employee for just cause, as stated in Article 8, Section 8.4. 2. The appropriate steps of progressive discipline shall be followed. 10.5 Seniority 1. Seniority means the total length of service and continuous employment with the Employer in positions covered by this Agreement. Employees shall not accumulate seniority during their probationary period. After an Employee has completed their probationary period and has been granted regular status, their seniority shall be dated from the date of their employment. Leave without pay shall not be used in the calculation of seniority. 2. The Seniority of an Employee shall terminate under any of the following conditions: a. When laid off for a period of twenty-four (24) consecutive months; b. When an Employee resigns from employment with the Employer; 31 161 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 c. When an Employee is discharged for just cause; or d. When an Employee who is temporarily laid off fails to return to work within fourteen (14) calendar days after written notice by certified mail to the Employee's last known address (or delivered to the Employee personally) requesting such return and, if such Employee fails to notify the City of the Employee's intention to return to work within forty-eight (48) hours after receiving such notification or arrange for a mutually agreeable return date. 3. When it is necessary to reduce the number of employees because of lack of work or funds, or abolition of positions, the department head concerned shall make a thorough investigation of the problem and report his/her findings and recommendations to the city manager, who shall decide which employees shall be laid off. Analysis of proposed layoffs shall consider first the types of activities to be curtailed and the classes of positions thereby affected. The department head shall then proceed to the selection of individual employees to be released. Employee efficiency shall be the major factor and determining the order that employees shall be released, and consideration shall then be given to employee's length of service with the City. advisability of reassigning Employees in higher classes to lower classes for which they are qualified and laying off those in lower classes shall also be considered. There will be no discrimination based on union membership or lack thereof. 10.6 Layoffs 1. The decision to lay off Employees shall be made solely by the City and shall not reflect discredit upon the services of the Employee. 2. Notice Requirements: a. An Employee shall be given at least thirty (30) calendar days advance notice of a layoff. b. The Union shall be notified in writing of any proposed layoff concurrently with the Employee. The Union and City agree to discuss alternatives to the proposed layoff prior to the effective date of the layoff and to negotiate the effects of any layoff if so requested by the other party. 3. The City shall not lay off an Employee and reclassify their former position with the intention of filling the position with a temporary hire. 4. Layoffs may occur for any of the following reasons: a. reduction in force because of a shortage or reduction of work or funds; b. the abolition of a position; 32 162 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 c. change in departmental organization; d. termination of a grant; or any other legitimate business reason not inconsistent with the terms of this Agreement. 5. A regular Employee shall be offered a vacant position for which the Employee is qualified in lieu of layoff. The Employee will be subject to the same qualifications review as any new Employee to determine an appropriate wage. 6. A regular Employee retains the right to be recalled to a vacant position in the same or similar job class, in the same or different department that the Employee previously was regularly employed, for one (1) year after the layoff so long as the Employee has indicated that the Employee is qualified and interested and available to return to work. 7. Regular or probationary Employees shall not be laid off while casual/temporary Employees are in a position in the same department for which the regular or probationary Employees meet the minimum qualifications. 10.7 Dismissal Notice or Severance Pay In the case where a regular Employee who has completed a probationary period is laid off, the City shall give the Employee forty five (45) days' notice or forty five (45) days of severance pay. 10.8 Separation Paperwork On or before the Employee's last day of work, the Employee shall complete all separation paperwork and return all City property as required by the City. ARTICLE 11- PAY AND PAYROLL The pay plan shall include the schedule of pay ranges, consisting of minimum, intermediate, and maximum rates of pay for all positions. The development of the pay plan shall be directly linked with the classification plan and shall be based on the principle of equal pay for equal work. The City Administration shall be responsible for developing the pay plan and pay schedule. The parties agree to discuss steps and years of services during the next negotiation cycle, as the parties agree that years of service are important and alternatives to the longevity bonus should be discussed during the next negotiation including possibly reflecting years of service in an employee's range and step. 11.1 Wage Schedule and Pay Rates the Collective Bargaining Agreement shall include the 2.5% Cost of Living 33 163 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 Adjustment (COLA). 2. The Salary Schedule for the 2ndot-ht ycaars of th-c Claricc i gaining Agreement shall include 1.5% Cost of Living Adjustment (COLA). 3. Regular rate of pay m ans thc hourly rate of pay tually paid an Employcc for ^ al non overtime work week for which he/she is employed. pay step and shall receive thc higher pay that comes with this change over the previous contract Appendix B. As ofJ As of January 1, 2023, members in the open ranges 10 13 shall have their pay incr ased the same amount as their range was incr ased. 1. On January 1, 2026, employees will receive a 3% (COLA) cost of living increase. The Salary Schedule for the first year of the contract (January 1, 2026 — December 31, 2026) is posted in Appendix A 2. On January 1, 2027, employees will receive a (COLA) cost of living increase added to the Salary Schedule in Appendix A. The increase will be based on the U.S. Department of Labor Consumer Price Index for All Urban Consumers (CPI-U) for Urban Alaska for calendar (January — December) year 2026 (Annual average) plus a half a percent (0.5%), :but shall not be less than two and half percent (2.5%) or exceed five percent (5%). The City shall provide the 2027 Salary Schedule to the Union and make it available to employees covered by this contract. CPI-U for Urban Alaska Calendar Year 2026 COLA Effective January 1, 2027 Less than 2% 2.5% Greater than or equal to 2% and equal to CPI-U + 0.5% or less than 4.5% Greater than 4.5% 5% 3. On January 1, 2028, employees will receive a (COLA) cost of living increase added to the 2027 Salary Schedule. The increase shall be based on the U.S. Department of Labor Consumer Price Index for All Urban Consumers (CPI-U) for Urban Alaska for calendar (January — December) year 2027 (Annual average) plus a half a percent (0.5%) but shall not be less than two and half percent (2.5%) and shall not exceed five percent (5%). The City shall provide the 2028 Salary Schedule to the Union and make it available to employees covered by this contract. 34 164 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 CPI-U for Urban Alaska Calendar Year 2027 COLA Effective January 1, 2028 Less than 2% 2.5% Greater than or equal to 2% and equal CPI-U + 0.5% to or less than 4.5% Greater than 4.5% 5% 5,4. If the City Council adopts an ordinance that freezes wages for all City employees, the parties agree to confer immediately for the purpose of arriving at a mutually satisfactory letter of agreement. 11.2 Starting Rate on Initial Employment All newly hired Employee's shall begin at Step A within the stated range for their position, Unless a higher Step is approved, in advance of the offer, by the Human Resources Administration, the Department Administration and the City Administration using a City approved wage matrix. Before a higher step may even be considered, the applicant must demonstrate experience and/or education beyond the minimum required for the position as specified in the position description._ 1. The entrance pay rate shall normally be the minimum rate in the pay range (step A) prescribed for the class. 2. If an applicant demonstrates experience, skills, and/or education beyond the minimum required for the position as specified in the position description, a department head, subject to the approval of the City Manager, may make an appointment above the entrance pay rate up to step E in recognition of the qualifications. 3. In no instance shall an appointment be made above step E except with the approval of the City Manager. 11.3 Rate of Pay on Promotion 1. When an Employee is promoted from one position to another having a higher pay range, the Employee shall receive an increase of not less than one pay step. If the Employee's current rate of pay is below the minimum rate of the new position, the pay shall be increased to the minimum step of the new position. If the Employee's current rate of pay falls within the range of the new position, the pay shall be adjusted to the next higher pay step in the range for the new position which is at least equal to one step increase above his/her current pay rate. 2. Upon completion of an approved course of education, including training that results in a job -related certification, an Employee will receive up to a five (5) percenta one-step increase in pay effective in the next payroll cyclejimited to once per calendar year. The Employee shall furnish all relevant diplomas, certificates, transcripts, or other documentation 35 165 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 prior to processing. This increase shall endure while the certification or training remains valid. The Department H ad City Administration shall compile and maintain a list of valid trainings and certifications that meet the requirements of this increase and shall submit the current list for review by SPEA no later than March 15 of every year. An Employee may petition to the City Manager or the City Manager's designee for consideration of an education program that is not on the pre -approved list. 11.4 Rate of Pay for a Reclassification of a Position In any case where a position is reclassified, the pay step of the Employee occupying the position shall be that step in the new range which will provide the Employee with initial compensation at least equal to the step held in the old range. Anniversary date remains unchanged and no additional probationary period shall be required beyond that required of the position that is reclassified if the essential functions are the same between the old and new classification. In the event the reclassification results in a pay decrease, the Employee's rate of pay shall be frozen. 11.5 Upward or Downward Range Change of a Job Class In the case of a proposed decrease in the pay range for a class of positions, employees keep their current rate of pay. 11.6 Promotion Following Demotion In lieu of Layoff If within one (1) year following a demotion in lieu of layoff, an Employee is reassigned back to a position in the former job classification the Employee was in at the time of Layoff, the Employee shall be placed at the same range and step the Employee was paid at prior to the demotion in lieu of layoff. 11.7 Transfers When an Employee is assigned to a new position in the same class for which the Employee is qualified, the Employee shall be transferred at the step the Employee was receiving, and no probationary period shall be served. The Employee's anniversary date shall remain the same as in the former position. 11.8 Demotion When an Employee is demoted, the Employee's pay step shall be that step which is determined by the Department Head and approved in advance by the City Administration. 11.9 Completion of Probation Upon satisfactory completion of the probationary period after initial appointment, the entrance salary of the Employee shall be advanced one step. An Employee will not receive a probationary 36 166 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 incr asc if the Employee was hired at Step B or above initially. 11.10 Annual Step Increase 1. Employees who receive a performance evaluation of average or good to excellent shall receive an annual step increase. 2. A new Employee, after serving a 180-day six month probationary period of satisfactory performance, shall receive a step increase. An Employee who has transferred to a new position and who must serve a promotional probationary period shall receive a probationary step increase upon successful completion of the promotional probationary period. A probationary step increase is a special, one time only, step increase. For an Employee to receive further step increases up to step P, he/she must continue to demonstrate satisfactory service. 3. Anniversary date is the date that an Employee assumes regular status after the successful completion of a probationary period. This date does not change regardless of other personnel transactions, promotions, demotions or transfer that may occur during the course of an Employee's service with the City, except for a period of leave without pay in excess of thirty (30) days, in which case the Employee's anniversary date and length of service date shall advance by the number of days in excess of thirty (30). 4. . Current regular Employees will be placed at the step and pay that reflects actual and credited years of service in their current department. Employees may receive credited service through the evaluation process or advance step placement. 5. In the event of a future wage and/or classification study in which grades and/or steps are changed, no regular Employee may be placed below their current step and pay per article 11.10.4. 11.11 Acting Appointments When any Employee is temporarily assigned to a position with a higher pay range for a period of at least three (3) consecutive days but less than thirty (30) days, he/she shall be compensated above his/her base rate by twenty-five percent (25%). If an Employee's base rate is the maximum of the pay range, he/she shall be compensated above the maximum pay step by twenty-five (25%). If the assignment is for a period of thirty (30) calendar days or more, he/she shall be paid at the first step of the higher pay range or he/she shall be given a twenty- five percent (25%) increase as provided in the preceding sentence, whichever is higher, for the full period worked in the temporary assignment. An Employee who is temporarily assigned to a position with a lower pay range for any period shall not receive a reduction in pay. An Employee acting in an exempt position will still receive his or her hourly rate plus twenty-five percent (25%) and will be paid for overtime at time and a half. 37 167 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 11.12 Field Training/School Resource Officer Police Officers, Dispatchers and Correctional Officers assigned Field Training Officer (FTO) and School Resource Officer (SRO) duties shall receive a pay differential of two and one-half percent (2.5%) for each hour so worked as an FTO or SRO. Individuals lacking documentation of attendance at a formalized FTO training program are not eligible for FTO pay. 11.13 Overtime 1. All overtime work by a non-exempt Employee must have the prior written approval of the Department Head. The Department Head shall review the record and certify overtime approved for payment. 2. Non-exempt Employees shall be paid at one and one-half (1.5) times their regular rate of pay for all hours actually worked in excess of their regularly scheduled shift or forty (40) hour consecutive hours without having at least one day off. 3. For employees who are working a 12-hour schedule (4 days on and 3 days off / 4 days off and 3 days on) to work more than 40 hours consecutive without receiving overtime pay. They shall be paid overtime for more than 80 hours worked in a pay period. 11.14 Call -Out Pay 1. Employees shall receive overtime pay if their normal shift has been completed and after returning home they are "called out" to perform additional work by their supervisor or if the Employee's supervisor requires the Employee to report before Employee's normal shift is scheduled to begin. This "call out pay" shall have a two (2) hour minimum. 2. Supervisors called off duty for questions from subordinates shall be paid in 15- minute increments of overtime. 3. Early Call -Out. An employee called into work between the hours of midnight and 7 am shall receive time and a half the employee's regular pay rate. The employee's pay rate will revert to the employee's regular pay rate at 7 am on the employee's normal schedule workday. 11.15 Stand -By Pay Only Department Heads are authorized to create a stand-by schedule. Employees that are placed on a schedule and must remain available for work after regular scheduled hours shall be designated as Stand -By and receive two (2) hour of overtime at his or her regular rate of pay with a two (2) hour minimum for a call -out. Employees receiving stand-by pay must answer any incoming calls and be able to respond within thirty (30) minutes of the call being placed. 38 168 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 11.16 Stand -By Pay for Police Officers An Officer will be placed on a schedule and designated as on call, subject to Stand -By Pay 11.15, on Fridays and Saturdays nights when only one officer is assigned to work a shift. 11.17 Shift Differential Shift differential compensation applies to all Employees of those departments which schedule work twenty-four (24) hours per day who are not exempt from the overtime requirements of the Federal Fair Labor Standards Act on the following bases: 1. Swing shift: The Employee who is assigned to swing shifts shall receive three percent (3%) additional pay to his/her current salary for the period he/she serves on swing shift. 2. Graveyard shift: The Employee who is assigned to graveyard shifts shall receive six percent (6%) additional pay to his/her current salary for the period he/she serves on graveyard shift. 11.18 Payroll and Pay Periods 1. Nothing in this Agreement shall prohibit retroactive pay approved by the City Council or required because of administrative oversight or error as determined by the City Administration. Personnel action implementing any change in status or pay shall be effective upon approval of the City Administration provided such changes are received by the Payroll Office at least ten (10) working days prior to the effective date. 2. The payroll period shall consist of the period from midnight Sunday to the following midnight Sunday. The standard work day shall be midnight to midnight. 3. Each Employee is responsible for a true and accurate reporting of actual hours worked. a. Department Heads, or designee, shall be responsible for providing the information needed to correctly process the payroll. 4. Break in service is defined as at least one (1) entire pay period off. 11.19 Longevity Steps: Upon receiving a merit increase that places the employee at Step P within their respective range, the employee shall enter Longevity. The conditions to receive a merit increase while in Longevity shall be as follows: 1. When an employee reaches the longevity steps of their assigned pay level, the employee shall remain at each step for two (or more) years. 39 169 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 2. When the employee completes two (or more) years at each step, the employee moves to the next step, provided the employee has received two consecutive evaluations with an overall rating of "satisfactory" or higher on the employee's performance evaluations and worked continuously as a regular or part-time employee. 3. If an employee in longevity receives an "unsatisfactory" or lower annual evaluation in either of the two years required to receive a step increase, the employee will not be granted a pay increase until the employee receives two consecutive "satisfactory" or higher evaluations. 4. Employees in longevity are prohibited from skipping steps and must remain at each step as indicated. 5. Each step provides a 2% increase ARTICLE 12 - HOURS OF WORK 12.1 Hours of Work and Scheduling 1. Regular Hours of Work and Shifts: Regular working hours of City Employees shall consist of a five (5) day week, eight (8) hours a day, forty (40) hours a week. The standard work week shall consist of the period from midnight Saturday to the following midnight Saturday. The standard workday shall consist of the period between midnight and midnight. 2. Modified Schedule: Upon request and with approval of the Department Head, an Employee may work a designated schedule period (e.g. 7:00 a.m. to 6:00 p.m.) during which Employees may select an eight (8) or ten (10) or twelve (12) hour work period, with the approval of their Department Head. 3. Department Heads may, with at least two (2) weeks advance written notice to affected Employees, revise the schedule from an eight (8) hour workday to a ten (10) hour workday or a twelve (12) hour workday or the reverse. Employees shall also have the right to request their schedule be changed from an eight (8) hour workday to a ten (10) hour workday or a twelve (12) hour workday or the reverse. Approval of such a request is at the discretion of the Department Head but shall be accommodated whenever it will not adversely affect the needs of the Department. 4. Employees of the Police Department work a varied shift totaling forty (40) hours or more weekly. a. Employees assigned a 12 hour schedule may work more than 40 hours a week without being paid overtime so long as they do not exceed 80 hours in a two week "work period." Employees will be paid overtime for hours worked in excess of 12 hours worked in a day and in excess of 80 hours in a two -week period. b. All other employees working 12-hour shifts who are not exempt from the overtime 40 170 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 requirements of the federal Fair Labor Standards Act shall be paid at time and one half for work over 12 hours in a day or 80 hour work period. c. Employees assigned to work 12-hour shifts shall be assigned to day, swing or grave shift. Shift times may be delegated by the Department Head. Swing shift is paid a three percent 3% differential and grave shift is paid a six percent 6% differential. d. If a shift is temporarily adjusted to meet the needs of the department and ends during the normal scheduled shift, shift differential will be based on the normal scheduled shift and be pursuant to Section11.17 of the contract. e. Holidays are paid at 8 hours a day at the current rate of pay. Arrangements need to be made to work 4 hours at the current rate of pay or arrange to take annual leave for 4 hours on the holiday, or pursuant to Article 13 of the contract. f. An annual leave day off is 12 hours of leave. 5. An Employee's work schedule shall normally provide two (2) consecutive days off, unless an emergency situation arises. 6. Nothing in this Agreement precludes Employees from requesting different work hours or a different shift than that designated by the Employee's Department Head. With the approval of the Department Head, flexible work hours may be implemented on a departmental basis to accommodate Employees. The City will endeavor to work with Employees and grant their requests based on seniority and when operational requirements allow. 12.2 Temporary Schedules Department Heads may implement temporary shifting of Employees' working hours to meet routine needs. Changes of more than thirty (30) minutes may not be approved without a minimum of one (1) week's advance notice to the affected Employees. Nothing in this paragraph precludes temporary changes in Employee working hours in an emergency situation. If the essential functions of a position include emergency response during non-scheduled hours, refusal to work an alternate schedule or extra hours in an emergency situation without cause could result in discipline, up to and including dismissal. 12.3 Lunch/Break Period 1. Department Heads shall authorize either a one (1) hour or a half (1/2) hour unpaid lunch period to meet operational staffing requirements. Such periods will normally be taken at mid -shift. Employees who are not authorized a specific unpaid lunch period under this Section will be allowed to take lunch when work permits. If, at the City's direction, the Employee works through lunch, the Employee shall be paid for such time. 41 171 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 2. Employees may work straight shifts with no lunch break if approved by the Department Head. Straight shifts will be considered a Modified Schedule and subjected to the terms of Subsection 12.1.2. A straight shift or "working through lunch" is not available on an ad -hoc basis to allow an Employee to "make up time" if he/she is unable to work the regularly scheduled shift for the day. 3. All Bargaining Unit Members are allowed one (1) relief period not to exceed fifteen (15) minutes during the first half of the shift and one (1) relief period not to exceed fifteen (15) minutes during the second half of the shift. Breaks shall not be scheduled to extend the meal break, unless by mutual agreement. The relief period shall be taken in a manner which does not interrupt the flow of work. 4. Police Officers and other first responders get a paid lunch under FLSA because they are required to respond to calls. Any City Employee called out during off hours for four (4) hours or more will be provided for a meal. If a meal cannot be provided, a meal will be reimbursed up to the applicable per diem rate. 12.4 Changes of Permanent Schedules All changes to permanent working schedules shall provide those Employees affected at least fourteen (14) calendar days' notice of any such change, except in unforeseen emergency situations or when the Employees waive the need for notice, or they will be paid at time and one-half (1.5) the Employee's regular rate of pay for hours worked during the notice period. ARTICLE 13 - HOLIDAYS 13.1. Recognized Holidays with Pay Exccpt for Firefighters, thoThe following days will be recognized as holidays with pay for all Employees in full and part-time positions. New Year's Day President's Day Seward's Day Memorial Day Independence Day Labor Day Alaska Day Veterans Day Thanksgiving Day Day after Thanksgiving Day Christmas Eve Day Christmas Day and such other days as may be proclaimed by the Mayor, Governor, or President. Each full-time employee shall also have one floating holiday per year, which may be scheduled with department head approval. A floating holiday in any calendar year not taken by December 31 will be forfeited. 42 172 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 13.2 Holiday Falling on a Regular Day Off When a recognized holiday falls on a Saturday, the preceding Friday shall be recognized as the holiday. When a recognized holiday falls on a Sunday, the Monday following shall be recognized as the holiday. When a full-time Employee's regularly scheduled time off falls on a recognized holiday, the City Administration shall allow, if scheduling permits, that Employee to take another day off during the pay period as the Employee's recognized holiday. In such a case, the Employee's timesheet will reflect the holiday on the alternate date, with all other compensable time recorded as per the Employee's normal Schedule. If the Employee is unable to take the time off, the Employee shall be compensated with regular pay equivalent to the number of hours in an Employee's regular shift in lieu of the holiday. The hours will be recorded on the Employee's timesheet on the date of the recognized holiday. This payment is in addition to and does not impact pay (wages) for hours actually worked during the pay period, whether hours actually worked include a recognized holiday (Section 13.1) or regularly scheduled workdays. This may result in holiday hours entered for a normal day off with no compensable time or holiday hours recorded in addition to actual hours worked on the date of the recognized holiday. 13.3 Computation of Holiday Pay 1. Full -Time Employees: Full-time employees shall receive their regular straight time rate of pay for recognized holidays. a. The number of hours included in holiday pay is equal to the number of hours worked in an Employee's assigned shift and shall be paid at the shift differential of the shift the employee worked. b. In the event the employee is scheduled off, the employee shall be paid 8 hours of holiday pay. 2. Part -Time Employees: Part-time employees shall receive pay for recognized holidays based on their position's percentage of a full-time position. a. The number of hours included in holiday pay is equal to the number of hours worked in an Employee's assigned -shift and shall be paid at the shift differential of the shift the employee worked. b. In the event the employee is scheduled off, the employee shall be paid 8 hours of holiday pay. 3. Holiday during Paid Time Off: A recognized holiday occurring during an Employee's PTO leave shall not be counted as a day of PTO leave. 43 173 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 13.4 Forfeiture of Holiday Pay Employees shall forfeit their right to payment for any holiday if they are on leave without pay (to include injury, military, or other non-compensable leave status) or have an unexcused absence on the Employee's last regularly scheduled workday before such holiday or on the Employee's next regularly -scheduled workday following such holiday. ARTICLE 14 - PAID TIME OFF/LEAVE 14.1 Paid Time Off ("PTO") 1. Annual leave shall be used for any and all purposes for which sick and/or annual leave has heretofore been used. 2. Requests for Time Off a. Requests to take Annual leave for other than illness or injury must be requested in writing and require written approval. Leave requests require the prior written approval of the supervisor before any leave is taken. Employees in a probationary status status may only take personal leave if the leave was approved prior to hire, (or) with Department Head approval, (or) if the leave is due to injury or illness as described in Subsection 3 below. arc not eligible to take personal (cove (unless the request was approved prior to hire or the I ave is requested due to illness or injury as described in Subsection 3 below). b. Employee requests to take Annual leave shall be given full consideration and, to the extent practicable, approved. However, the parties agree that the final decision with regard to approval or disapproval of any request shall be based on the supervisor's determination of operational needs. The employee's supervisor shall respond to an Employee's request for time off within fourteen (14) calendar days for leave requested thirty (30) days in advance. In the event of multiple requests for the same timeframe, the Department Head may consider the Employee's seniority. c. Annual leave may not be approved for Employees following notice of intended resignation and Employees may not without permission of the Department Head be kept on leave status to "run out" their PTO balance prior to termination. d. Annual leave must be pre -approved, and therefore cannot be used in lieu of tardiness or for a same -day request, except as noted in Subsection 3 below. 3. Requests for time off due to illness and injury. a. When an Employee needs to use Annual leave for illness or injury, the Employee shall notify the supervisor of their expected absence not later than the start of 44 174 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 the Employee's scheduled shift. b. When a member takes three (3) or more consecutive workdays of Annual leave due to an illness or injury (not necessarily consecutive calendar days), the supervisor shall require the member to provide a physician's certificate stating the reason for the absence. 14.2 Leave Accrual Rate 1. All Regular Employees holding permanent or probationary status will accrue leave as follows: Years of Services Hours Per Year Hours Pay Period 0 — 2 160 6.15 3 — 5 200 7.69 6 — 9 240 9.23 10 — 14 303.33 11.67 15 + 347.1 13.35 2. The minimum numbers of hours of annual leave that must be taken yearly are as follows: a. For personnel with less than three years of service, 40 hours of leave must be used. b. For personnel with three to six years of service, 60 hours of leave must be used. c. For personnel with six years of service or more, 80 hours of leave must be used. d. These limitations shall not apply to new employees until January 1 of the second calendar year following the hire's date. 3. It shall be the responsibility of the department head to see that each employee under the supervisor's supervision has taken the minimum annual hours of leave required by this section. The department head shall provide in writing to the city manager the reasons an employee in the supervisor's department failed to take the minimum annual leave hours required. Such The documentation letter shall be made a part of the personnel file of the employee in question. The city manager may waive these leave use requirements. 4. Probationary employees may use their leave with the department of head approval 5. Leave does not accrue during periods of leave without pay 14.3 Leave Anniversary Date 45 175 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 Changes in the leave accrual rate take effect on the first day of the pay period immediately following the date on which the Employee completes the prescribed period of service. 14.4 Maximum Accrual The maximum leave which may be in annual leave balance is 720 hours. 14.5 Payment of PTO upon Termination Upon separation during initial probation, PTO shall not be granted or paid the employee. In other separations, the PTO balance shall be paid in a lump sum based on the employee's regular rate of pay. 14.6 PTO Leave Cash -Out Any employee who has a balance of more than 240 hours of annual leave may submit a request to cash -in any number of annual leave hours at the employee's regular rate of pay so that the balance of remaining leave does not reduce the leave balance below 240 hours. An employee may submit such leave cash -in requests no more than twice in any given fiscal year. In documented cases of unforeseen financial emergencies, consistent with city policies of deferred compensation cash -in, the city manager may authorize the city to purchase an employee's annual leave at his/her the employee's regular rate of pay, provided that in no case shall a cash -in be allowed to reduce an employee's annual leave balance below 40 hours. 14.7 Donated Leave Donation of annual Ic\avc to another employee will bc allowed in cases of serious, unforcsccn medical emergency circumstances and upon approval by thc city manager. The value of the donated Icive time will be computed at thc regular rate of pay of the donating employee and converted into hours of equal value based upon thc regular rate of pay of thc receiving employee. All guidelines set forth by thc city manager shall bc observed. Employees may request donations of annual leave when a necessitated absence from work extends beyond the amount of personal leave an employee has available. Such requests shall be made to the City Manager and are subject to City Manager approval. a. The criteria for what events necessitate an absence from work shall include any FMLA qualifying event and any other event the City manager deems to be a qualifying event. b. Upon a request for donated leave being approved by the City Manager, an email shall be distributed to all City employees requesting donated leave. The request shall include, but not be limited to, the employee's name, position, and general reason for the need for additional leave. No request shall be sent without the 46 176 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 employee's prior approval. No confidential information shall be required for the email. c. No employee shall be required to donate leave for any request. All donations shall be voluntary. d. Donated leave shall not count towards minimum leave use requirements. e. The value of the donated leave time will be computed at the regular rate of pay of the donating employee and converted into hours of equal value based upon the regular rate of pay of the receiving employee. 14.8 Military Leave Employees shall be entitled to military leave in accordance with State law, including but not limited to AS 39.20.340, and Federal law, including but not limited to USERRA. A. Absence from city duty for the purpose of participating as a member of a United States reserve component, either in active military service of the state or in military training, is authorized and will be treated administratively in such manner that the individual will not suffer a decrease in income or a loss of benefits during the first 30 days of the military active duty or training period. B. The city manager will be provided with a copy of the individual's orders to duty C. The absence will be recorded during the first thirty calendar days as administrative leave without charge to annual leave. D. The city will pay the difference between the amount paid by the military, excluding allowances, and the sum the employee would have received for city work during the same period at the regular rate. E. An employee called to active duty for a period exceeding 30 calendar days shall be granted a leave of absence without pay for a period terminating 90 calendar days beyond termination of such active duty. 14.9 Worker's Compensation 1. An employee injured in the line of duty shall be entitled to workers' compensation pay from the city's insurance carrier without deduction from annual leave balance for up to six weeks. During the six weeks, the city shall pay the difference between what the employee receives from the insurance carries and the amount the employee would have received working 40 hours at their base rate. Retirement benefits, annual leave accrual, and medical insurance coverage shall continue. 2. After six weeks have expired, the employee may elect to use annual leave. At that time the employee will retain his/her insurance workers' compensation benefits. While on annual leave, retirement benefits, annual leave accrual, and medical insurance coverage 47 177 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 shall continue. 3. After all annual leave has expired, or if the employee elects not to use annual leave, the employee will receive only insurance workers' compensation benefits and will be considered on leave without pay from the city. While on leave without pay, retirement benefits and annual leave accrual are suspended, but medical insurance coverage continues. This is to be in effect until a doctor's statement is submitted advising that the employee is physically fit and capable to perform his/her job description with or without reasonable accommodations. 14.10 Jury Duty / Court Leave Jury Duty shall be treated as administrative leave (with pay) from the City. Services in court when subpoenaed as a witness on behalf of the City, or when called as an expert on a matter of City concern, or relating to a municipal function, will be treated the same as jury duty. In order to be entitled to jury duty leave, the Employee shall provide the department head with written proof of the requirement of his/her presence for the hours claimed. Fees paid by the court (other than travel and subsistence allowance) will be turned in to the City, except the fees paid for court duty which occurs on the Employee's normal non -work days may be retained by the Employee. Witness service for any purpose other than those described above will be covered by annual leave or leave without pay and any fees received in this connection may be retained by the Employee. Employees serving on jury duty during their regular time off will be allowed to flex the time to their regular work week or receive overtime pay at the discretion of the department head. 14.11 Leave Without Pay 1. Leave without pay may be granted to an employee upon recommendation of the department head and approval of the city manager. 2. Each request for leave shall be considered in the light of the circumstances involved and the needs of the city. 3. Leave without pay shall not be requested nor granted until all annual leave has been exhausted, except when an employee is absent and drawing workers' compensation pay. 4. Normally, not more than 90 calendar days leave without pay may be granted for personal reasons, unless the employee is on Family Medical Leave (FMLA). 5. No benefits will accrue while on leave without pay except medical insurance which will continue to be paid as long as the employee is employed by the city. 14.12 Family and/or Medical Leave of Absence 48 178 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 The City shall comply with the federal Family and Medical Leave Act (FMLA) and the State of Alaska Family Leave Act (AFLA). FMLA and AFLA, when both are applicable, run concurrently, and paid leave, when available, is charged during periods of approved family leave until exhausted. During family leave, when the Employee is receiving no pay from the City, the Employee is still responsible for remitting the Employee portion of any benefit -related charges to maintain the benefit. 14.13 Bereavement Leave Each full-time Employee shall be eligible for seven (7) consecutive working days of leave for use upon the death of a member of the Employee's immediate family limited to one time per calendar year. Such leave shall not be deducted from the Employee's PTO account. Leave without pay up to an additional five days will be granted and may be extended with approval from the City Manager. 14.14 Definition of "Immediate Family" As related to this section, "immediate family" means the following: spouse, father, mother, brother, sister, son, daughter, grandfather and grandmother including adopted, step or foster, and mothers and fathers-in-law and legal guardians. _ ARTICLE 15 - WORK RULES 15.1 Work Rules The City shall have the right to establish and notify Employees of workplace policies, procedures, and/or rules regarding any matter, and to require Employees to abide by such policies, procedures, and/or rules, so long as such policies, procedures, and/or rules are not inconsistent with any express provision of this Agreement. An arbitrator shall have no authority to interpret, apply, add to, detract from, alter, amend, or modify such policies, procedures, and/or rules. 15.2 Protection of Rights An Employee shall not be required, in the performance of his or her duties, to violate any federal, state, or local law. In performing his or her duties, an Employee shall comply with all applicable federal, state, and local laws. 1. Each Employee is required to act with due care and regard for Employee's own safety and that of fellow Employees and to respect the person and property of other Employees and persons. 2. The City agrees that it will not deduct the cost of lost, missing, stolen, or damaged 49 179 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 property belonging to the City from an Employee's pay, provided the loss or damage was not willfully or negligently caused by or through the actions of the Employee. 3. It is recognized that GPS in City vehicles is a valuable and necessary safety tool. a. GPS tracking shall not be used to initiate any formal action, including discipline, demotion, or discharge. GPS tracking shall not be solely used to begin an investigation. b. GPS tracking can be used to further an investigation already in progress. GPS tracking may also be used for health and safety purposes, such as to locate a City vehicle when the driver has missed security check -ins, when a City vehicle has been involved in an accident, or to resolve a citizen's formal written driving complaint involving a City vehicle. c. For good cause shown, City and SPEA shall have the right to review all GPS tracking records of all City vehicles for the time period under investigation. 15.3 Non -Discrimination 1. Employees shall not be discriminated against with respect to compensation or terms or conditions of employment because of race, national origin, color, age, creed, religion, sex, sexual orientation, gender identity, political affiliation, marital status, ancestry, disability, or status as a disabled veteran. 2. The Employer and Union agree to comply with all state, federal, and local laws, rules, or regulations prohibiting discrimination against any person with regard to all aspects of employment or membership. Anti -discrimination laws shall take precedence over the terms of this contract. 3. No Bargaining Unit Member shall be discriminated against for upholding lawful union activities. Employees, who serve on an SPEA committee or committees or serve as Employee Representative or as an officer of SPEA, shall not lose his/her position or be discriminated against for these reasons. 15.4 Employee Indemnification The City shall indemnify Employees as required by law. 15.5 No Polygraph or Lie Detector The City agrees that it will not require, request, suggest, or cause any Employee, or applicants for employment, to submit to examination by a polygraph or other kind of lie detector as defined by 29 U.S.C. 2001. No examination by polygraph or other lie detector shall be used in any personnel decisions, including discipline, discharge, or promotion. This does not prohibit legitimate polygraph use for law enforcement pre- employment screening. 15.6 Outside Employment No Employee shall be employed by or engage in work for an employer other than the City, including but not limited to self-employment, during the Employee's work hours. Nor shall any Employee be employed in a position that presents a conflict of interest in regard to the Employee's duties to the City. A conflict of interest shall be defined as: 1) when the Employee's outside employment is likely to benefit from the Employee's 50 180 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 position with the City 2) when the outside employment is likely to cause the Employee's performance to diminish and 3) when the Employee's City job duties involve regulating the proposed employer. 15.7 Unlawful Acts Prohibited 1. No Employee shall willfully, negligently, or corruptly make any false statement, certificate, mark, rating, or report in regard to any test, certification, or appointment held or made, or in any manner commit or attempt to commit any fraud with respect to reports, paperwork, or other duties that are required of the Employee under this Agreement, City rules, policies, or procedures, or federal, state, or local laws. 2. No person seeking appointment to, or promotion in, City service shall, either directly or indirectly, give, promise, render, or pay any money, service, or other valuable thing to any person for, or on account of, or in connection with, his or her test, appointment, proposed appointment, promotion, or proposed promotion. 3. No Employee of the City, examiner, or other person shall defeat, deceive, or obstruct any person in his or her right to examinations, eligibility certification, or appointment under these rules, or furnish to any person any special or secret information for the purpose of affecting the rights or prospects of any person with respect to employment in the City service. 4. Discrimination against any person in recruitment, examination, appointment, training, promotion, retention, discipline, or any other aspects of personnel administration because of political or religious opinions or affiliations or because of race, color, creed, sex, sexual orientation, gender identification, religion, national origin or ancestry, age, or disability, except where physical requirements constitute a bona fide occupational qualification necessary to proper and efficient administration, is prohibited. 15.8 Gifts and Gratuities 1. It shall be the responsibility of each City Employee to remain free from indebtedness or favors which would tend to create a conflict of interest between personal and official interests or might reasonably be interpreted as affecting impartiality of the individual Employee. If an Employee is tendered or offered a gift or gratuity which would, in the eyes of the public or public officials, be construed to be an attempt to bribe, influence, or encourage special consideration with respect to municipal operations, such offers shall be reported without delay to the Employee's immediate supervisor who in turn will inform the Department Head. 2. If there should be any doubt whether a gift or gratuities is of such significance as to create undue influence upon the Employee, the matter shall be reported to the Department Head. If any Employee shall knowingly accept any gift or gratuity which creates undue influence or results in special consideration which benefits the giver, the Employee is subject to progressive discipline, up to and including dismissal for just cause. 15.9 Employment of Relatives 51 181 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 No person may be employed in any position supervised by a family member, provided this will not prevent continued employment with the City of persons who are presently employed at the adoption hereof. Additionally, family member shall not be placed in a position such that one member is required or authorized to review the work, personnel documents, expense account, or time records of another family member. For the purpose of this Section, a family member shall be defined as follows: a. spouse; parents; step-parents; brothers, sisters, and their spouses; step- brothers, step -sisters, and their spouses; children and their spouses; father-in-law; mother-in-law; sister-in-law; brother-in-law; grandparents and their spouses; grandchildren and their spouses; step -children and their spouses; grand -stepchildren and their children; aunts; uncles; nieces; and nephews. b. If two Employees marry or otherwise become related (as defined by immediate family member), neither of the Employees will be allowed to hold supervisory authority over the other one. 15.10 Political Activity 1. An Employee, who is elected as a member of the Seward City Council or to a state or national elected political office, shall immediately resign from City employment. In this Section, "elected" means the status of a candidate upon certification of a local election or at the time the candidate is sworn into a state or national office following an election. 2. An Employee who is a political candidate for any elected office shall not conduct political activities during work time or on City owned property. Use of City equipment to conduct any political or personal activities is strictly prohibited. ARTICLE 16 - SAFETY 16.1 Safety Rules 1. Safety rules, policies and procedures of the City, which the City may modify from time to time, are incorporated by reference and made part of this Agreement. All Employees must at all times comply with such safety rules, policies and procedures. Any Employee who is injured on the job must make an immediate report to the Employee's supervisor, no matter how slight the injury. Failure of an Employee to follow safety rules, including the immediate reporting of injuries, may result in discipline up to and including dismissal through the progressive discipline process. 2. The City and Union are mutually committed to the reasonable efforts to maintain safe and healthful working conditions for all Employees. It shall not be a violation of this Agreement or grounds for discipline or dismissal if an Employee, in good faith, refuses to work in/on what the Employee reasonably believes to be unsafe conditions for his or her job which would subject the Employee to serious injury or death. Whenever possible, an Employee must first seek from the City a correction of the dangerous condition. Employees shall not knowingly continue to work in what they know to be a dangerous condition. 52 182 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 3. An Employee who notices an unsafe work condition is mandated to report the unsafe condition to their immediate supervisor. The immediate supervisor shall proceed to copy the City's designated OSHA Safety Officer or Human Resources Administration. 16.2 Drug Testing The City and Union agree that any drug and/or alcohol testing policy or procedure adopted by the City Council or required by law shall be applicable to the Employees covered by this Agreement. Failure of an Employee to comply with such policy or procedure shall be grounds for discipline up to and including dismissal. 16.3 Safety Devices and Uniforms The City shall provide all devices, apparel or equipment necessary for an Employee's safety in accordance with applicable laws. Additionally, the City shall provide special tools, equipment, clothing and uniforms it deems necessary to accomplish work assignments. All items provided to Employees in accordance with this Section are the property of the City, may be used only for official work purposes, and when practicable, shall remain in their place of employment at all times that the property is not in use by the Employee and shall be returned in good working order upon separation from City service. ARTICLE 17 - BENEFITS 17.1 Health Insurance 1. The City will provide all full-time Employees and their qualified dependents a benefit package in accordance with Council approved policies. Full-time Employees are those Employees who are normally scheduled to work thirty (30) or more hours a week. Employees are solely responsible for any personal tax liability incurred for said benefits. a. Employees in positions exposed to unique hazards or which exhibit a proven risk for the development of certain illnesses will be provided with medically recommended immunizations or preventative screenings. 2. The City shall pay to the health insurance program, in the manner as determined by Council for all Employees. If the City wishes to increase the employee health insurance cost share, the parties will renegotiate the contribution amounts, if necessary. 17.2 Health Insurance Renewal or Replacement 1. The parties agree to discuss healthcare and health insurance renewal through the Labor Management Committee in Article 2, Section 7. a. The Labor Management Committee shall have access to analyses of current plan 53 183 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 administration, claims payment administration, benefit plan design and utilization conducted by or for the City. A representative of the carrier and any paid consultant shall be available to the Committee, as required. As a minimum, the City will provide, through either the carrier or the Consultant, quarterly reports of utilization by the Cityemployees. b. The Labor Management Committee may, by majority vote, make recommendations for changes to the City Manager concerning anyprovision of efficient, effective health care benefits including but not limited to utilization review, pre -certification requirements, cost containment measures, employee education and preferred provider arrangements. c. Within ten (10) working days of receipt of all health insurance options each year the City w+l-I- shall provide a copy of the options received to the Union Labor Management Committee. The City shall-w-I1 review the options with the Labor Management Committee Union prior to reviewing or replacing the health insurance program. 17.3 Annual Retention Bonus 1. All regular Employees, after completion of one (1) years' service equal to two thousand and eighty (2,080) hours, shall be paid Annual pay at the rate of one and a half percent (1.5%) of the employee's regular salary. Annual pay shall be paid oncc each ycw on the first pay day of December. 2. All regular Employees, after completion of five (5) years' service equal to ten thousand and four hundred (10,400) hours, shall see the Annual pay rate increase to two percent f2%) of the employee's regular salary. 3. All regular Employees, after completion of ten (10) years' service equal to twenty thousand and eight hundred hours (20,800) hours, shall see the Annual pay rate increase to two and a half (2.5%) of the employee's regular salary. 4. All regular Employees, after completion of fifteen (15) years' service equal to thirty-one thousand and two hundred (31,200) hours, shall see the Annual pay rate increase to three percent (3%) of the employee's regular salary. 5. All regular Employees, after completion of twenty (20) years' service equal to forty-one thousand and six hundred (41,600) hours, shall see the Annual Pay rate increase to three and a half percent (3.5%) of the employee's regular salary. 6. All regular Employees, after completion of twenty-five (25) years' service equal to fifty- two thousand (52,000) hours, shall see the Annual pay rate increase to four percent (4%) of the employee's regular salary. 7. Any break in City employment longer than thirty (30) calendar days will advance the eligibility date by the number of days in excess of thirty (30). Time served as a temporary Employee shall not be included. 54 184 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 2,8. Annual pay shall be paid once each year on the first pay day of December. 17.4 Retirement 1. The City has in effect a retirement plan with the Public Employees Retirement System (PERS) for all eligible City Employees included in this Agreement. 17.5 Training/Professional Development 1. The City and Union agree that education and training may enhance an Employee's job performance and prepare the Employee for career advancement within the City. To that end, the City and Union encourage Employees to take advantage of City -sponsored training and/or professional development programs. 2. Department Heads shall provide active leadership in developing the Employees under their supervision. In this capacity, they shall: a. Cooperate closely with the city manager in determining the current and future employee development needs in the department. b. Participate with the city manager in developing and implementing employee development programs c. Budget sufficient funds to secure needed career development programs d. Evaluate the effectiveness of completed career development programs and make recommendations for improvement where appropriate e. Assure that Employees are provided with sufficient time to participate in career development programs. ARTICLE 18 - LEGAL TRUST FUND 18.1 Legal Trust Fund for Bargaining Unit Members In addition to the wages paid per Article 11, the Employer agrees to pay the Alaska Public Employees Association/AFT Legal Trust Fund (hereinafter the Fund) $12.00 per month per Bargaining Unit Member in pay status in the month in which the contribution is made. 1. The Employer will remit the amount due for the previous month to the Fund by the tenth (10th) of each month. 55 185 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 2. The Fund will be sponsored and administered by APEA/AFT and the Employer will have no voice in the amount or type of service provided by this plan, however, services must be equally available to bargaining unit members, regardless of union membership, and will not be used in actions involving or in a position adverse to the City of Seward. The Fund will attempt to obtain the maximum service possible for the employees. 3. This Article confers only the right to demand and enforce payment of the required contributions. Failure by the City to remit the required contribution does not give rise to any grievance or cause of action by SPEA, its members or any other person for other harm or damages that might result from the failure to remit the required contribution. The provision or retention of legal assistance under this Article is the sole and exclusive responsibility of SPEA and/or the member. Unless such actions are taken to demand and enforce payment by the City of the required contributions, SPEA agrees to defend, indemnify and hold harmless the City against any and all legal actions, orders, judgments or other decisions rendered in any proceeding as a result of the implementation of this Article. ARTICLE 198 - STRIKE/LOCKOUT/WORKSTOPPAGE/PICKET LINE 19.1 Strike/Lockout The parties agree that there shall be no strikes, work stoppages, or lockouts during the life of this Agreement. 184 19.2 Picket Lines The parties agree that it shall be a violation of this Agreement and it shall be cause for disciplinary action in the event an Employee refuses to go through or work behind any picket line. The City specifically retains all of its rights under AS 23.40.200. ARTICLE 201-9 - GENERAL PROVISIONS 20.1 Duration This Agreement shall become effective January 1, 2026 3-and shall continue in full force and effect through midnight, December 31, 20285. Thereafter, it shall automatically renew itself and continue in full force and effect from year to year unless written notice of election to terminate or modify any provision of this Agreement is given by one party not later than January 1st of any succeeding year. 20.2 Severability 1. Violations: If any term or provision of this Agreement is, at any time during the life of this Agreement, adjudged by a court or administrative body of competent jurisdiction to conflict with any law, such term or provision shall become invalid and unenforceable, but such invalidity or unenforceability shall not impair or affect any other term or 56 186 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 provision of this Agreement. 2. Replacement: If a determination or decision is made pursuant to Subsection 1 of this Article that part of this Agreement is found to be in violation of law, the parties to this Agreement shall convene for the purpose of negotiating a satisfactory substitute for the invalidated article, section or portion thereof. 3. Printing of the Agreement: The parties agree that a Union representative and a person appointed by the City will meet and mutually agree on the format, size, and specifications of the Agreement to be printed. The Union shall print or be responsible for the printing of the Agreement. The parties will designate the number of copies of the Agreement each desire and each party will be responsible for the cost involved in printing that number of copies. 20.3 Waiver of Bargaining Rights and Amendments to Agreement During the negotiations resulting in this Agreement, the City and the Union each had the unlimited right and opportunity to make demands and proposals with respect to any subject matter as to which the Alaska Public Employment Relations Act imposes an obligation to bargain. This Agreement contains the entire understanding, undertaking, and agreement of the City and the Union, after exercise of the right and opportunity referred to in the first sentence of this Section, and finally determines all matters of collective bargaining for its term. 20.4 Changes to Agreement This Agreement may be amended with the mutual consent of the parties. Changes in this Agreement, whether by addition, deletion, amended or modification, must be reduced to writing and extended by both the City and Union in the form of a Letter of Agreement. 57 187 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 np ndix n esitionr Eligible for I Inion Rcprescntation Accounting S Accounting Technician I (Payroll} Accounting Technician II (A/P} Accounting Technician II (Utility} Accounting Tcchnician 114 Administrative Assistant Recreation Animal Control Officcr Building Inspector Corporal Corrcctions Officer Corrcctions Sergeant Curator Custodian Municipal Buildings Dispatch Supervisor Dispatcher DMV Clcrk Executive Assistant (Fire/PW/Parks/Electric/Harbor/Clerk/) Fire/Building Inspector Harbor Workcr II Harbor Workcr III Maintenance Mechanic Operator MIS Tcch Office Manager Harbor Part time Animal Control Assistant Part time Library/Museum Patrol Officcr Patrol Sergeant Planning Technician Program Coordinator (Campground/Recreation} Scnior Computer Tcchnician Shop Foreman Technician Water/Wastewater Foreman Watcr/Wastewater Operator 58 188 Resolution 2025-098 SPEA Collective Bargaining Agreement 2026-2028 APPENDIX AB SALARY SCHEDULE FOR 20263 PAY RANGES with COLA FY26 3% COLA Increase Grade BPS PS Longevity Steps Grade A B 1 C D E F G H I 3 K L MNIOP 1 2 3 4 5 6 7 1 Seasonals 17 & under Campground & Park Maint Aides 20.19 20.69 21.21 21.74 22.29 22.84 23.41 24.00 24.60 25.21 25.84 26.49 27.15 27.83 28.53 29.24 29.83 30.42 31.03 31.65 32.28 32.93 33.59 1 2 Seasonals 18 & up. Firefighter.' EMT 21.81 22.35 22.91 23.48 24.07 24.67 25.29 25.92 26.57 27.23 27.91 28.61 29.33 30.06 30.81 31.5S 32.21 32.86 33.51 34.18 34.87 35.56 36.28 2 3 Building Custodian. Fire Apparatus Operator . Recreational Specialist Program Assistant Teen Rec Room 23.55 24.14 24.74 25.36 25.99 26.64 27.31 27.99 28.69 29.41 30.15 30.90 31.67 32.46 33.28 34.11 34.79 35.48 36.19 36.92 37.66 38.41 39.18 3 4 Acct Tech Utility Cashier. DMV Clerk. Electric Utility Cashier. Fire Lieutenant Library Aide. Library Technician 25.43 26.07 26.72 27.39 28.07 28.78 29.50 30.23 30.99 31.76 32.56 33.37 34.21 35.06 35.94 36.84 37.57 38.32 39.09 39.87 40.67 41.48 42.31 4 5 ACO Assistant. Campground Coordinator. Executive Assistant Sports & Rec Manager 27.47 28.16 28.86 29.58 30.32 31.08 31.85 32.65 33.47 34.30 35.16 36.04 36.94 37.87 38.81 39.78 40.58 41.39 42.22 43.06 43.92 44.80 45.70 5 6 Accounts Payable, Assistant to Chief, Firefighter..'EMT, Harbor Office Manager. Park Maintenance Supervisor. nti_..11 T,.,-1. Mil r..�1. w l Ill (ITT 29.67 30.41 31.17 31.95 32.75 33.56 34.40 35.26 36.14 37.05 37.97 38.92 39.90 40.89 41.92 42.96 43.82 44.70 45.59 46.51 47.44 48.39 49.35 6 7 ACO Supervisor. Accounting Tech II. Curator. Dispatcher. Electric Office Manager. Firefighter Engineer, Harbor Worker II. Library Deputy Director. Maintenance Mechanic. wiWr,.....1r 32.04 32.84 33.66 34.50 35.37 36.25 37.16 38.08 39.04 40.01 41.01 42.04 43.09 44.17 45.27 46.40 47.33 48.28 49.24 50.23 51.23 52.26 53.30 7 8 Accounting Tech III. Deputy City Clerk, Dispatch Supervisor. Habor Worker III. IT Tech. Shop Foreman. Street Foreman, wj w1.._..l Ir 34.60 35.47 36.35 37.26 38.19 39.15 40.13 41.13 42.16 43.21 44.29 45.40 46.54 47.70 48.89 50.11 51.12 52.14 53.1S 54.25 55.33 56.44 57.57 8 9 Building Official. Fire Marshal, P&R Deputy Director, Patrol Officer. Senior Accountant 37.37 38.30 39.26 40.24 41.25 42.28 43.34 44.42 45.53 46.67 47.84 49.03 50.26 51.52 52.80 54.12 55.21 56.31 57.44 58.58 59.76 60.95 62.17 9 10 Planner. Senior IT Tech, W; W Foreman 40.36 41.37 42.40 43.46 44.55 45.66 46.81 47.98 49.17 50.40 51.66 52.96 54.28 55.64 57.03 58.45 59.62 60.81 62.03 63.27 64.54 65.83 67.14 10 11 Deputy Harbormaster. HR Manager. Patrol Sgt 43.59 44.68 45.80 46.94 48.11 49.32 50.55 51.81 53.11 54.44 55.80 57.19 58.62 60.09 61.59 63.13 64.39 65.68 I 66.99 68.33 69.70 71.09 72.52 11 12 Community Development Director, Deputy Finance Director, IT Director. Library Museum Director. P&R Director 47.08 48.25 49.46 50.70 51.96 53.26 54.59 55.96 57.36 58.79 60.26 61.77 63.31 64.89 66.52 68.1S 69.54 70.93 72.35 73.80 75.28 76.78 78.32 12 13 Deputy City Manager, Deputy Fire Chief. Deputy Police Chief, Harbormaster Electric Ops Supervisor 50.84 52.11 53.42 54.75 56.12 57.52 58.96 60.44 61.95 63.49 65.08 66.71 68.38 70.09 71.84 73.63 75.11 76.61 76.14 79.70 81.30 82.92 84.58 13 14 Electric General Manager. Finance Director, Fire Chief, Police Chief. Public Works Director 54.91 56.28 57.69 59.13 60.61 62.12 63.68 65.27 66.90 68.57 70.29 72.05 73.85 75.69 77.59 79.53 81.12 82.74 84.39 86.08 87.80 89.56 91.35 14 'Firefighter 24 lir shifts 2YRS 4YRS 6YRS 8YRS 10YRS 12YRS 14YRS Longevity Steps • When an employee reaches the longevity steps of their assigned pay level. the employee shall remain at each step for two (or more) years. • When the employee completes two (or more) years at each step the employee moves to the next step. provided the employee received an overall rating of satisfactory or higher on the employee's performance evaluation and worked continously as a regular fulltime or part-time employee. • Eniployees in longevity are prohibited from skipping steps and must remain at each step as indi. 189 November and December Meetings Date: October 13, 2025 From: Kat Sorensen, City Manager Through: Kris Peck, City Clerk RE: Discuss adjustments to the regular City Council meetings in November and December BACKGROUND Regular meetings of the city council are held on the second and fourth Mondays of each month at 7:00 p.m. The November 10, 2025 City Council meeting takes place the day before Veterans Day Holiday. The November 24, 2025 City Council meeting takes place the week of Thanksgiving Holidays. The December 8, 2025 City Council meeting takes place during the popular AML Conference in Anchorage. The December 22, 2025 City Council meeting takes place the week of Christmas Holidays and is traditionally cancelled. CONSIDERATIONS The City Manager has proposed having just one meeting in November and one meeting in December. Monday, November 17, 2025 Monday, December 15, 2025 POSSIBLE ACTION If council wishes to have one meeting on November 17 and one meeting on December 15, a motion/second and affirmative vote of four would be required. 190 To the Mayor, City Council, City Administration, and the Seward Community, I want to let you know in advance that I will be absent from three upcoming City Council meetings because of work -related travel and commitments. The dates and reasons are: • October 13, 2025 — Attending an early childhood conference focused on supporting families. • October 27, 2025 — Sitting on a panel with thread and the Alaska Community Foundation to share Seward's successes and challenges in the child care industry. • November 10, 2025 — Attending another early childhood conference that is focused on system improvements. While I regret missing three meetings in a row, these events are directly tied to the work I do every day in Seward and across Alaska. They give me the chance to highlight our community's efforts, learn from others, and bring back ideas and connections that will benefit Seward in the long run. I know the trust you've placed in me comes with the responsibility to show up and represent you. I don't take that lightly. Even when I can't be at the council dais, I am still working for Seward and making sure our community has a voice in bigger conversations about families, child care, and our economy. Thank you for your understanding and support. Respectfully, Casie Warner Council Member, City of Seward 191 Dear Mayor, Council, and Administration, I want to provide context and a reminder regarding the presentation by Project HOPE scheduled for the Monday, October 13th City Council meeting. This presentation was originally initiated by the Council following our discussion earlier this year about a fatal opioid overdose in our community. During that conversation, the Council agreed that we need to take a closer look at how our city can improve accessibility and availability of preventative measures, such as NARCAN (naloxone) kits, for individuals who may need to have these life saving tools readily available. Project HOPE's presentation is a continuation of that discussion and an opportunity to learn more about the initiatives and collaborative approaches they offer to strengthen community level response and harm reduction strategies. As a reminder, Council had an open conversation about exploring the placement of a publicly accessible box stocked with NARCAN kits, potentially at the Harbormaster's Office and other community spaces, so individuals could access these kits without barriers such as judgment, limited hours, or procedural requirements. We also discussed how current local access points can create obstacles. For example: 1. Individuals currently must go into public spaces like the grocery store to request NARCAN kits, where the interaction may feel stigmatizing and the kits may come at a personal cost. 2. The emergency room remains one of the few locations where NARCAN kits are available 24/7, but this also presents challenges, as some may avoid seeking help in such a public and clinical environment. Our goal in initiating this presentation was to identify practical, stigma free solutions for making NARCAN more accessible to anyone who needs it. Project HOPE's participation is a step toward implementing the harm reduction and prevention measures we discussed as a Council. Thank you for keeping this context in mind during their presentation and for continuing to prioritize community safety, dignity, and compassion in our response to the opioid crisis. Respectfully, Casie Warner Council Member, City of Seward 192 PWSRCAC Update Prince William Sound Regional Citizen's Advisory Council City of Seward Representative Mike Brittain October 2025 Attached is a pdf of the highlights of the September meeting of the PWSRCAC in Cordova. If you could please disseminate this email to the Council I would appreciate it. It was another interesting meeting that ran the gamut of subjects, from the upgrading of tanker engine rooms to weather buoys to dispersants to secondary containment liners for the storage tanks at the Valdez terminal. It is this last item that consumed the most attention, and you may have noticed it in the Anchorage paper and on public radio.lt is also the most concerning issue as it can lead directly to a major spill if there is a breach in a tank. On a personal note, I have joined a couple of the subcommittees since last year. I now sit on the OSPR (Oil S[ill Prevention and Response) committee (think 'spill drill') and have newly joined the TOEM (Terminal Operations and Environmental Monitoring) committee. The TOEM committee is the one that is dealing with the tank farm/liner situation. BTW, the tanks were built in 1977 with a planned 20-year lifespan...48 years ago, Each tank holds over 500,000 barrels of crude oil, twice as much as was spilled in 1989. I will keep the Council apprised of the situation. That's it for now. I'll keep you apprised of any developments. Any questions welcomed. Mike Brittain 193 Highlights from the September 2025 Board of Directors meeting The Prince William Sound Regional Citizens' Advisory Council held a meeting on September 18 & 19, 2025. The following is a synopsis of actions and discussions that took place at that two-day meeting. This report is not all inclusive. �`..,1Ct LUA1Vj SaGti Q 4 AC REGIONAL CITIZENS' ADVISORY COUNCIL Report from Alyeska Pipeline Service Company Andres Morales, Alyeska's Emergency Preparedness and Response Director, updated the Board on recent activities and operations at Alyeska and their Ship Escort Response Vessel System, or SERVS. Highlights from his presentation include: • Tanker One Plan: Currently, each tanker company or shipper that carries oil from the Valdez Marine Terminal, or VMT, has their own individual vessel contingency plans. That is in addition to a combined contingency plan that details oil spill prevention and response capabilities for the vessels. These companies are working with Alyeska to transfer administration of the combined plan from the shippers to Alyeska. This proposal is known as the Tanker One Plan. The goal is to simplify management of the plan and ensure consistent and reliable spill prevention and response that includes any foreign -flagged tankers shipping oil through Prince William Sound. Only the administration responsibilities and the organization of the contents of the combined plan will change. Alyeska currently manages an oil spill response for the first 72 hours and then hands off management of the response to the company whose tanker spilled the oil, also known as the responsible party. Under the proposed Tanker One Plan, Alyeska would maintain management of the response, in partnership with representatives from the responsible party. Vessel operators will still have to submit individual vessel contingency plans while operating under the Tanker One Plan. The Council is monitoring these changes and will be analyzing additional details as they become available. • Workforce reorganization: Alyeska is reviewing personnel and job duties along the Trans Alaska Pipeline System, or TAPS, with the goal of reducing its workforce by 60 positions system -wide, or 8% of their staff. The review is expected to be completed by the end of October and the workforce reduction implemented by January 1, 2026. Alaska Tanker Company engine upgrades Karen Hays and Steven Cooley of Alaska Tanker Company, or ATC, gave a presentation on the company's upgrades to their tankers, including a more fuel -efficient system for their engines with updated technology that reduces emissions. The upgrades have been completed on the Alaskan Frontier, and the Alaskan Navigator and Alaskan Legend are scheduled to be completed by September 2026. Additional highlights include: • Propulsion control systems upgraded to significantly newer technology, including new software and fiber optic cables for improved communication. • New, updated tank radar to monitor cargo in the tanks. • Access to Foss Maritime 24-hour Weather Monitoring Center. Additional details are available in the slides on our website: www.tinyurl.com/ATC-upgrades (PDF) `Directors Page 1 194 Development of Oil Spill Response Strategies for Copper River Area The Board heard an update from staff member Jeremy Robida and contractor Elise Decola of Nuka Research & Planning Group about a project to update Geographic Response Strategies, or GRS, for the Copper River Delta Flats. GRS are map -based oil spill response plans tailored to protect specific environmentally sensitive areas. The Copper River Delta hosts numerous species, cultural sites, and important fisheries and is deserving of pre -incident planning. It is also a challenging operational area with high energy beaches, shallow tidal waters and ever -changing channels, barrier islands, and braided river drainages. The Council is leading a workgroup to update previous GRS work for this area that was completed in the late 1990s. DeCola and Robida recently conducted site visits to the area to gather information necessary to update the plans. Local interest in this project is high and many of those involved in the workgroup meetings are from Cordova. Details are available in the slides on our website: www.tinyurl.com/CRDF-GRS (PDF) Mariner training at Teekay Tankers Manmeet Chhabra and Nicholas Schneider of Teekay Tankers gave a presentation about the company's training program for mariners on their tankers who call at the VMT. Teekay's foreign -flagged tankers have loaded crude oil at the VMT and shipped oil through Prince William Sound numerous times since 2016. Chhabra and Schneider summarized regular training the mariners receive prior to arrival, along with additional guidance specific to Prince William Sound. He noted required documentation that is available as well as onboard preparations, such as ensuring cold -weather gear is available; detailed planning for safe passage that includes review of speed restrictions and anchoring locations; emergency preparedness activities, such as participation in local drills and exercises; and escort tug requirements, among other details. Details are available in the presentation slides on our website: www.tinyurl.com/Teekay-training (PDF) Report accepted: Subsistence Memorial Gathering Workshop The Council accepted a report titled, "The 23rd Annual Subsistence Memorial Gathering Workshop," by staff member Danielle Verna and Scientific Advisory Committee member Davin Holen of Alaska Sea Grant. The report summarizes a workshop held during the 23rd Annual Subsistence Memorial Gathering, an event hosted by the Chugach Regional Resources Commission, or CRRC, on March 27, 2025. The workshop was a partnership between the Council, CRRC, and Alaska Sea Grant. The goals of the workshop were to bring together residents of the Chugach and Exxon Valdez oil spill region to share stories, discuss concerns about past and future environmental impacts, and generate interest in locally supported research. Read the final report on our website: www.tinyurl.com/Gathering-Report Highlights from September 2025 meeting of the PWS'R(AC Rnnrd of Directors Page 2 195 Report accepted: Alaska North Slope Crude Oil Properties The Council accepted a report titled, "Review of the 2024 Alaska North Slope Oil Properties Relevant to Environmental Assessment and Prediction," by Dr. Mery Fingas of Spill Science. Dr. Fingas reported on an analysis for physical and chemical properties of a sample of 2024 Alaska North Slope (ANS) crude oil performed by Environment and Climate Change Canada's laboratory. The Prince William Sound tanker operators provide a sample to the Council every five years or so to track changes in the oil's properties, and how those changes might impact mechanical oil spill response measures. Changes in oil properties can also impact the effectiveness of non -mechanical response options such as in -situ burning, and dispersants. Dr Fingas noted that the sample's composition is more similar to the previous sample, analyzed in 2019, than samples taken in 2015 and earlier. ANS crude oil has been trending lighter since around 2010, and its properties are consistent with a "medium" weight oil. Compared to previous samples, the current composition is less prone to emulsify, less dispersible as the oil weathers, and less adhesive to shorelines. More details are available in the final report on our website: www.tinyurl.com/Crude-Oil-2024 Dispersant stockpiles changing to new product The Board heard an update about changes in the products used to disperse spilled oil. This change stemmed from new protocols put in place by the U.S. Environmental Protection Agency, or EPA, for testing dispersants. The new requirements are part of the National Contingency Plan Subpar -Li regulations for products available for use on oil spills. Corexit 9500A, the product stockpiled in Alaska and elsewhere, will no longer be included on the EPA's list of products that meet the new testing protocols after December 12, 2025. A new product, Dasic EcoSafe OSD, is replacing Corexit in Alaska. Additional details are available in the September meeting packet: www.tinyurl.com/Dispersants-Dasic Report accepted: Inspection and Repairs to Tank 93 The Board accepted the report titled, "Review of Ballast Water Tank 93 Out -of -Service Inspection Report and Tank Repairs," by Taku Engineering. In this report, Bill Mott reviewed maintenance practices and provided recommendations for improvements to help minimize the risk of an oil spill from ballast water storage tank number 93 at the Valdez Marine Terminal. Mott noted that while Alyeska has made some positive improvements to prevent corrosion, some concerns remain with how corrosion rates are monitored and calculated. More details are available in the final report on our website: www.tinyurl.com/Tank-93 Highlights from September 2025 meeting of the PW' R(AC Rnnrd of Directors Page 3 196 Update on testing of secondary containment liner Staff member Joe Lally gave an update on recently proposed changes by Alyeska on how they plan to test or verify the integrity of the asphalt liners that surround the vast oil storage tanks at the VMT. These nearly 50-year-old liners are part of the system intended to contain oil in case of a spill from a tank. The liners are buried under earthen fill and are difficult to inspect. Alyeska and the Council have been working to find a method of testing the liners to ensure they can adequately hold oil until it can be cleaned up. Cracks and holes in the liner have been discovered when sections of the earthen fill have been removed in the past. In 2024, ADEC approved Alyeska's spill contingency plan for the VMT, but that approval came with conditions. One of those conditions was that Alyeska must conduct further analysis to determine whether the liners meet the sufficiently impermeable standard to contain a spill until it can be detected and cleaned up, and before groundwater is contaminated. Alyeska recently proposed to switch their liner testing method from an electrical leak location method to a hydraulic, or flooding, method of evaluation. ADEC and the Council are currently assessing the new method proposed by Alyeska. Project updates Updates on all current projects: www.tinyurl.com/Projects-Sept-2025 Prince William Sound Regional Citizens' Advisory Council Citizens promoting the environmentally safe operation of the Alyeska terminal and associated tankers. Mandated by congress, the Council was established to provide a voice for local citizens in decisions that put their livelihoods and communities at risk. Communities and interest groups from Prince William Sound to Kodiak Island to lower Cook Inlet are represented to promote partnership, build trust, and provide oversight of the operations and maintenance practices which may affect the environment. www.pwsrcac.org Questions? More information? Any questions or requests for further information can be directed to: Amanda Johnson: amanda.johnson@pwsrcac.org or Jennifer Fleming: fleming@pwsrcac.org Board meetings are routinely recorded. Excerpts of the audio and/or video of agenda items can be made available upon request. Highlights from September 2025 meeting of the PW' R(AC Rnnrd of Directors Page 4 197 OilsSeward to the Future CITY OF SEWARD, AK COMPREHENSIVE PLAN VIEW 2025 Survey Analysis THANK YOU, SEWARD! 1 Economy Land Use Quality of Life Vision Count 0 50 100 150 200 250 300 350 400 Total Survey Responses I 235 263 319 1379 • Surveys were open for 8 months • 17196 total respondents provided input across the 4 surveys • There were a total of 66 questions ■ 198 Survey Results Overview 200 188 Residency Location of Survey Respondents 180 164 166 160 140 120 c 100 0 V 80 60 40 20 0 123 120 1 144 128 111 Inside City Limits Outside City Limits 13 8 7 4 Other ■ Vision ■ Quality of Life ■ Land Use — Economy Percentage of Population Represented in the Surveys *Based on Vision survey totals Total population of the Seward/Bear Creek area: 4,296 Percentage represented in survey: 8.8% Population inside city limits: 2,735 Percentage represented in survey: 6.8% Population outside city limits:1,561 Percentage represented in survey:10.6% 2 199 c 0 V Survey Results Overview Age of Respondents CO M CO 0-18 19-29 30-39 40-49 50-59 AG E • Vision • Quality of Life • Land Use Economy *75 students in Middle School responded to vision survey questions via paper responses Percent of all responses by age 70+ 8% 0-18 6% 19-29 I I 60-69 70+ 3 200 C 0 U Survey Results Overview o co 1 2 3 4 5 # OF INDIVIDUALS IN HOUSEHOLD • Vision • Quality of Life • Land Use Economy Oco M ■ ■■■ 6+ 4 201 Vision Survey Overview Overview D379 responses D5 questions 1) What are 1-5 adjectives that come to mind when you think of Seward? 2) Which of the following do you think positively contribute to Seward's existing identity? 3) In your opinion, what community organizations and/or events are part of what makes up Seward's identity? 4) What changes would you like to see in Seward in the future? 5) What do you hope never changes about Seward? 5 202 Vision Survey Results What adjectives come to mind when you think of Seward? welcoming caring cliquey fun adventurous rainy • seasonal historic isolated community wet family -oriented wild charming clean bl e aut 1 u homey ocean unique quiet tight -knit small stunning scenic picturesque bustling friendly nature mountainous peaceful cozy uivciac expensive special wildlife outdoorsy natural -beauty • safe active touristy quaint vibrant marine fishing remote recreation windy rugged *Larger text shows which words came up the most often in survey responses 6 203 Fourth ofJuly Events/ Mount Marathon Race Vision Survey Results In your opinion, what community organizations and/or events are part of what makes Seward's identity? Top Organizations /Events # of mentions 201 Parks and Recreation Dept / events Arts 171 - Arts and Music Council - Seward Music and Arts Festival - Murals/ Mural Society - Holiday arts and craft fair - First Fridays/Sip and paint Harbor/Fishing Events 115 (charters, Salmon Derby) Mid -ranking Alaska SeaLife Center 73 Local businesses and 59 restaurants Mermaid Festival Chamber of Commerce Nordic Ski Club 47 42 40 Seward Community 40 Foundation Honorable Mentions # of mentions 77 Museum and Library Polar BearJump School Events (athletics, theater, etc) # of mentions 34 34 33 Seward Pride Alliance 33 Kenai Fjords National Park 28 Seward Prevention Coalition 23 Local races (Lost Lake, Exit 21 Glacier Road, Pink Cheeks) AVTEC Which of the following do you think positively contribute to Seward's existing identity? Community friendliness Community events and festivals Historic preservation and assets Community appearance Community reputation Arts and cultural amenities Community appeal Maintenance of public areas and properties Landscaping of public areas and properties Diversity of population Community center and focal point Character of entry points into the community Natural beauty and recreation Other 0 22 11 52 35 75 50 100 120 Count 132 177 177 162 161 147 231 248 150 200 250 7 204 Vision Survey Results What we love about Seward Sense of community Historic feel Small-town feel Friendly atmosphere Waterfront Viewshed Signature Seward events No traffic lights Fishing Protection of natural and Downtown area Quiet winter scenic areas Art and culture events Small local businesses Community events / activities Access to outdoor activities What we would love to see More focus on local, year-round Affordable housing residents Reduced electrical rates More support for the schools Zoning restrictions for short-term A community gathering space rentals More indoor recreation and family Better upkeep of properties and entertainment activities businesses Year-round businesses offering Balanced tourism essential supplies/services It,: fir( 205 8 Vision Survey Results What we love about Seward Natural beauty Access to trails and beaches Everything is in walking distance Safe and inclusive community Good places to hang out (pavilion, Four -wheeling and dirt biking Alaska Sea Life Center, teen and youth rec room, Avtec gym) Sports Small-town feel Restaurants Good friends Fishing What we would love to see Indoor recreation /entertainment Renewable energy Fast food restaurants No littering / Environmental protection Stores Lower prices Dirt bike trails Affordable housing Funding for education Jobs Better roads Mental and physical health help 206 Quality of Life Survey Overview Overview D D 319 responses 24 questions 1) How long have you lived in Seward? 2) Do you see yourself living in Seward in 5 years? Explain 3) What healthcare services would you like to see improved in Seward? 4) Are you satisfied with the level of Police, Fire, and EMS services in Seward? 5) When you call 911, how fast do you expect a Police, Fire, or EMS unit to arrive? 6) Are you aware that ground transport EMS (ambulance) services from Seward to Anchorage are not currently available in Seward? 7) The City of Seward should provide ground transport EMS services. 8) How could public safety efforts, in regard to Police, Fire, and EMS services be improved? 9) Do you have school age children (K-12) living at home? 10) What do you feel are the biggest challenges Seward schools are currently facing? 11) How do you find out what events and activities are happening in the community? 12) How can Seward improve marketing events in the community? 13) Seward offers a variety of organized activities for: toddlers, elementary age children, middle school age children, high school age children, college students, adults, and seniors? 10 207 Quality of Life Survey Overview Overview 14) What community events / activities do you wish were available in Seward? 15) How do you prefer to receive news updates regarding city meetings and work session for City Council and other Commissions and Boards? 16) Do you know the avenues through which you can be involved with city decisions and policy making? 17) Do you involve yourself in city decisions and policy making? 18) What would help you participate more in local government discussions and decision making processes? 19) Do you participate in the arts and culture activities / festivals currently offered in Seward? 20) Seward needs more arts and culture activities? 21) What is a mural design you would like to see in Seward? 22) When considering the City of Seward's existing parks and recreation opportunities, which of the following are strengths? 23) There are a variety of recreational opportunities available for me in the summer: Indoors - Outdoors 24) There are a variety of recreational opportunities available for me in the winter: Indoors - Outdoors 11 208 Quality of Life Survey Results 90 80 70 60 50 40 30 20 10 0 YEARS LIVED IN SEWARD Do you see yourself living in Seward in 5 years? 16 1 38 12 46 • 63 18 1 84 No Yes No Yes No Yes No Yes Less than Less than 5-10 5-10 11-20 11-20 21-40 21-40 5 years 5 years years years years years years years Small friendly community Invested in home/business Beautiful scenery and landscape Family and friends live here Made Seward home Good job Engaged and invested in the community Recreational opportunities Proximity to trails /wilderness Good place to raise children 3 No 40+ years 28 Yes 40+ years Cost of living is too high No affordable housing Lack of focus on year-round residents Inadequate school system Lack of necessary resources / services Lack of job opportunities Lack of health care No support group Weather Travel challenges YES! Reasons why... JAIk 12 209 Quality of Life Survey Results SAFETY AN D H EALTH What healthcare services would you like to see improved in Seward? Animal hospital Family health Eye Specialist care (e.g. dermatology, oncology, gastroenterology, dialysis, etc.) Mental health Senior care Imaging center (MRIs, X-rays, CT scans, etc) Labor and Delivery Pediatrics Emergency Pre -natal Dental Physical therapy Are you satisfied with 911 services in Seward? ■ No Yes 0 20 40 60 80 100 120 140 160 180 200 Count More paid positions Better training for employees Crack down on illegal drugs More funding and support New Fire Station Incentives for volunteers Better collaboration Desired 1mProvernents 13 210 Quality of Life Survey Results SAFETY AN D H EALTH When you call 911 how fast do you expect someone to arrive? 140 120 100 82 80 c 132 60 V 60 40 � 20 V 12 � 0 Less than 5 5-10 minutes 11-20 minutes 21-60 minutes More than an No response Don't know minutes hour expected Are you aware that ground transport EMS services from Seward to Anchorage are not currently available in Seward? The City of Seward should provide ground transport EMS services 14 211 Quality of Life Survey Results SCHOOLS What are the biggest challenges Seward schools are facing? Inability to attract and keep qualified teachers Lack of funding Decreased enrollment in public schools Lack of confidence in the public school system Lack of alternative classes and programs offered Lack of academic rigor Lack of community support 0 50 100 150 200 250 Count Do you have school age children living at home? Yes, they do home school Yes, they go to public school More funding by State/Borough Don't teach personal idealogies More affordable housing Higher level classes More academic rigor Higher salaries for teachers More extra -curricular courses More community resources roVe our public schools by... Imp 15 212 Quality of Life Survey Results C O M MU N I TY EVENTS How do you find out about events in the community? Word of mouth Social media Flyers posted in public places Emails from organizations Public radio Chamber website City website Other 0 50 100 150 200 250 Count How should Seward improve marketing events? • Community newspaper • Community calendar Notices in public places • Other Seward offers a variety of organzied activities for: SENIORS ADULTS COLLEGE STUDENTS HIGH SCHOOL AGE CHILDREN MIDDLE SCHOOL AGE CHILDREN ELEMENTARY AGE CHILDREN TODDLERS 103 126 136 91 62 20 130 123 60 130 84 72 138 65 115 128 33 95 136 45 Count • Agree • Neutral Disagree 1111111111111 16 213 Quality of Life Survey Results COMMUNITY EVENTS co% a'� 44r . events / activities do you wish We arcade archery trampoline park winter activities bowling alleybing o recreation center downhill skiing wellness activities indoor soccer indoor recreation singing holiday events classes e eve. pottery adult leagues swimming pool se movie theater performing arts gymnastics family entertainment fitness classes club childcare gaming indoor mountain bike park ice rink music festival spa races cultural celebrations educational events farmer's market dog park indoor track live music martial arts lighted trails concerts golf art classes nordic skiing community center youth activities hiking club dancing music classes craft space 17 214 Quality of Life Survey Results GOVERNMENT PARTICIPATION How do you prefer to receive notifications of city meetings? Emails Social media ■ Newspaper ■ Newsletters ■ Flyers posted in public places ■ Public radio ■ Word of mouth ■ Other ■ 0 50 100 150 200 Count Involvement in City Government Are you involved in city decisions and policy -making? Do you know how you can be involved in city decisions and policy -making? Equal representation from outside city limits Education on how to participate More clear communication on up- coming topics and meetings Other options besides late night meetings (surveys, zoom, town halls, informal meetings) Better understanding of what is on the agenda More trust in elected officials More civility and respect See positive results from decisions made Shorter meetings Improve participation by... 122 190 182 128 Count 0 50 100 150 200 250 300 350 •Yes ■ No 18 215 Quality of Life Survey Results ARTS AND CULTURE Do you participate in the arts and culture activities / festivals currently offered in Seward? Other Side of Safeway More walkable murals Fuel tanks near windmill \oGat`on `deal Mora\ Seward needs more arts and culture activities Neutral Native tribe/Native art Animals Historical LGBTQ/Seward Pri Alaska Railroad de Alliance I ditarod Mount Marathon Education theme/MOuntains Ships/sailing and by the children history 7964 earthquake Commercial fishing Ecosystem /E Veterans nvironment Disagree Agree Silver Salmon Staten Derby Kenai Fjords flag Norther s National Park n Lights Climate change Wildflowers Recreation Lydia Jacoby Inclusivity Map of Alaska Lowell Canyon waterfall Ceramic Bicycle °r metal sculpture Winter sports Mural design ideas 19 216 Quality of Life Survey Results RECREATION Seward's strengths regarding parks and recreation opportunities Access to mountains 0 Access to ocean Access to tidelands / beaches It - Proximity and access to regional open spaces (state parks,... Playgrounds Community parks Open space and natural areas Recreational programs 0 Sports fields — Proximity and access to local parks and recreation facilities 0 Access to rivers Indoor recreational facilities Neighborhood parks The community's efforts toward sustainability Sports courts ADA accessibility of parks and recreation facilities Other (please specify) ■I —I 0 50 100 LI Count 0 0 There are a variety of recreation activities for me to do in the... SUMMER INDOORS WINTER INDOORS SUMMER OUTDOORS WINTER OUTDOORS 87 139 132 87 258 178 78 ■ Agree ■ Neutral Disagree 40 52 20 217 Quality of Life Survey Results RECREATION reat1on comments Rec l Community use building Movie theater Bowling alley Indoor track Swimming pool Hot tub Ice rink Dogpa k lic use of waterfront ADA accessible fishing ADA playgrounds Ski lessons Winter clubs Gardens Extend bike path Sand volleyball court Desired recreation events/infrastructure vents/infrastructure "Everyone says they want more indoor activities, myself included - a place to recreate and enjoy but I think what most people think of when they say indoor activity they mean movie theater and bowling alley. We live in alaska. Put a rain coat on and get some gear. But as far as young families we do need indoor places that are reliable. We need better connected trails and bike paths. We need to encourage outdoor activities through maintenance. I personally believe we should really tap into the fact that 50% of the tourism we see is from Alaskans. Alyeska builds a spa and everyone goes. If we build infrastructure we should build it for entertaining the masses as well as accomodating our needs." Recreation input and comments 21 218 Land Use Survey Overview Overview D D 263 responses 24 questions 1) I would support additional restrictions in code to conserve environmentally significant areas of Seward. 2) I would support additional restrictions in code to conserve historically significant areas of Seward. 3) What natural hazards are of greatest concern to you within the City of Seward? 4) Seward should pursue implementing alternative energy sources that would provide more sustainable and affordable power to the community. 5) Seward should support efforts to promote food security (e.g. community composting, greenhouses, and hydroponics) 6) Which public services / capital improvements would you support your tax dollars funding? 7) When considering Seward's existing transportation networks, the following are strengths for the community today... 8) What concerns do you have regarding parking in the City of Seward? 9) I would support more regulated parking (meters / limited hours) in congested areas. 10) Seward should support the use of sustainable vehicles (e.g. electric / hybrid vehicles). 11) Which modes of transportation do you use the most to get around Seward? 22 219 Land Use Survey Overview Overview 12) What is the most dangerous place within the City of Seward in regard to vehicle and/or non -vehicle transportation? Why? 13) If there were a safe sidewalk, trail, or access route, I would use alternative transporation other than a vehicle to access locations near my residence. 14) Current city code is effective in regulating appropriate land uses in Seward. 15) If you own property inside city limits, has city code inhibited you from reasonably using or developing the property you own? 16) What are the barriers to developing land in Seward? 17) Seward currently has a building height restriction of 34', in part to preserve the character of neighborhoods. This height can approximately accommodate a 3-story building. What height of buildings do you feel Seward should allow to more fully utilize the limited land Seward has to build on while still protecting the viewshed and small-town character? 18) What types of development do you oppose in Seward regardless of location? Why? 19) Do you own your home? 20) If you own a home or property in the City of Seward, do you rent it out? 21) In your opinion, what are the greatest barriers to purchasing a home in Seward? 22) In your opinion, what are the greatest barriers to being able to rent a home / apartment in Seward? 23) When considering Seward's existing housing and residential areas, the following aspects are strengths... 24) What things are negatively impacting the character of residential neighborhoods in Seward today? 23 220 Land Use Survey Results CONSERVATION & NATURAL HAZARDS What natural hazards are of greatest concern to you within Seward? Flooding Tsunami Earthquakes u Landslides Excessive wind events Winter storms Wildfires Avalanches None 0 r 1 20 40 60 80 100 120 140 160 Count I would support additional restrictions in code to conserve... 180 160 140 120 100 0 U 80 60 40 20 0 170 44 Agree 70 39- 49 Neutral Disagree ■ Environmentally significant areas of Seward ■ Historically significant areas of Seward Seward in general lacks preparation for natural haza rds Balance protection of land with needs of the community Protect parks and recreational areas Dissemination of information following tsunami alarm needs to be improved 24 221 Land Use Survey Results CAPITAL IMPROVEMENTS & SUSTAINABILITY What public services / capital improvements would you support your tax dollars funding? Maintain current City contract with AVTEC to use gym facilities IL Funda grant writer position that would seek funding for items listed above t Build / repair pedestrian walkways Fix existing public water / sewer mains Support community sustainability efforts Add / build recreational facilities Expand public water / sewer services to undeveloped areas of Seward Improve streets and roads Build / upgrade parks or playgrounds Expand and improve the storm and ground water drainage system Build a new fire station Build a new public works building Construct a new wastewater treatment facility Build additional docks in the Seward Boat Harbor Build a new harbormaster's office Improve street lighting Build a new police station 0 Seward should support food security efforts Disagree / / / 20 40 60 80 100 Count 1 1 1 1 120 140 160 Seward should pursue alternative energy sources Disagree 25 222 Land Use Survey Results TRANSPORTATION 250 200 Considering Seward's existing transportation networks, what are strengths for the community today? TRAILS WALKABILITY (PROXIMITY TO AMENITIES) TRAFFIC FLOW AND LACK OF CONGESTION SNOW REMOVAL CONDITION OF ROADWAYS PEDESTRIAN AND BICYCLE PATHS TRANSIT OPTIONS (SHUTTLES, TAXIS, ETC) CONDITION OF SIDEWALKS ACCESS TO REGIONAL TRANSPORTATION 166 59 24 140 80 28 134 118 110 91 65 36 68 76 i 98 82 81 102 83 103 What mode of transportation do you use the most to get around Seward? 150 0 73 U 100 50 10 0 138 1 244 104 • Agree • Neutral Disagree Shuttle/Taxi Bike/Scooter/ Walking Personalvehicle (gas Skateboard, etc. or electric) (electric or manual) Seward should support the use of sustainable vehicles (electric / hybrid) 26 223 Land Use Survey Results TRANSPORTATION What concerns do you have regarding parking in the City of Seward? I have no concerns Lack of parking in business areas Underutilized parking lots on land that could otherwise be developed Too much regulated parking Other Lack of regulated parking Lack of parking in residential areas Other parking concerns esidents seround r shouldn't have to pay for parking or de aid be is ou ted price given a "Size restrictions for parking on 4th Ave...do not allow RVs and truck ca mpers" • 0 10 20 "There is way too much underutilized parking in our town! Not only is it wasteful, but it's ugly too." 30 40 50 60 70 80 90 100 Count I would support more regulated parking (meters / limited hours) in congested areas ■ Agree • Neutral uu Disagree 27 224 Land Use Survey Results TRANSPORTATION If there were safe sidewalks / trails, I would use other forms of transportation other than a vehicle ■ Agree • Neutral Disagree 'Improve snow and ice removal on sidewalks and paths Extend bike path to mile 8 Improve harbor parking / build parking garages Build bike path on Nash Road Build bike path to Exit Glacier More year-round shuttle and taxi options Signs directing pedestrians to underpass tunnel Better maintenance of roads / pave dirt roads Transportation Comments N Weather (cold and rain) Live outside of town Not enough time Enjoy driving Roads and sidewalks not maintained (gravel in spring, potholes and cracks, snow) Transporting items (groceries) N \r' Why people would NOT use other forms of transporation even if there were safe sidewalks / trails Port Avenue /Seward Hwy intersection Safeway Harbor Downtown intersections Third Avenue Pedestrian underpass Fourth Avenue Nash Road Seward Highway Washington/Railway/Fifth intersection Brous location in Seward for vehicles / pedestrians edestrians for milim 28 225 Land Use Survey Results DEVELOPMENT Disagree Neutral Agree e Current city code is effective in regulating appropriate land uses in Seward 74 127 51 / / 0 20 40 60 80 100 120 140 Count Cost of installing utilities Setback requirements are too restrictive Permits are excessive and expensive Over regulation Parking requirements are too high Can't rebuild older buildings how they were Why city code inhibits me... 140 120 100 c 80 u60 40 20 0 /Too many nightly rentals Code is too restrictive/ discourages development No enforcement Should encourage more development of housing Inconsistencies within code and how it is interpreted Code is antiquated, needs to be updated Code is changed based on the politcal agendas of those in power Why city code is NOT effective... Has city code inhibited you from reasonably developing the property you own? 131 z- z- I don't own property inside city limits 77- No Yes 38 29 226 Land Use Survey Results DEVELOPMENT c C 0 0 160 140 120 100 80 60 40 20 What height of buildings should Seward allow? 7 1-2 stories 148 m 47 3 stories 4-5 stories Taller buildings in certain locations Price of land / Cost to build Lack of infrastructure Lack of quality and honest developers/contractors Cost of utility installation Vacant/abandoned buildings Selective enforcement of rules No building supply store Other barriers to development What are the barriers to developing land in Seward? Cost to build Lack of local building supplies Lack of land Lack of available contractors Challenging terrain Code restrictions Lack of developers Lack of infrastructure 0 50 7 100 150 200 7 250 30 227 Land Use Survey Results DEVELOPMENT / HOUSING What type of development do you oppose in Seward regardless of location? Other Short-term rentals Tall buildings Tourism focused development Marijuana establishments Hotels Chain Restaurants / stores Cruise ship industry expansion Low income housing Development that harms the environment Apartment complexes Alcohol Businesses Do you own your home? •Yes No 0 5 10 15 20 25 30 35 40 Count 120 100 80 60 U 40 20 0 If you own a home in Seward, do you rent it out? MP-ri Yes, short-term Yes, short-term Yes, long-term No I don't own rental (whole rental (partial rental property in Seward house) house / accessory City limits apt) 31 228 Land Use Survey Results HOUSING Greatest barriers to purchasing a home in Seward Price of homes Competition from second home buyers Lack of inventory Cost and complications to build a home Poor quality of available homes (fixer -uppers) Lack of vacant land ilMIM Mortgage interest rates 0 50 100 150 200 250 Count Greatest barriers to being able to rent a home / apartment in Seward Lack of available rentals Cost of monthly rent Cost of utilities Don't accommodate pets Poor condition of available rentals Rental space is too small (need more bedrooms / storage space) IIMEMP 0 20 40 60 80 100 120 140 160 180 200 Count 32 229 Land Use Survey Results H O U S I NG Junk in yards and poor landscaping Short-term rentals Vacant homes Ageing homes in need of repair Lack of sidewalks and bike paths Drug use / crime Lack of affordable housing options Lack of code enforcement Single-family homes being used as bunkhouses Traffic congestion Low-income housing Loss of viewshed Cost of living Noise pollution Lack of proper waste management Light pollution Things negatively impacting neighborhoods Strengths of residential neighborhoods in Seward CHARACTER OF RESIDENTIAL NEIGHBORHOODS PEDESTRIAN FRIENDLY NEIGHBORHOODS NEIGHBORHOOD FRIENDLINESS ORDERLY AND CLEAN YARDS STUDENT HOUSING VARIETY OF HOUSING OPTIONS AND TYPES AVAILABILITY OF EMPLOYEE HOUSING HOUSING THAT APPEALS TO NEW FAMILIES QUALITY OF HOUSING AVAILABILITY OF HOUSING AFFORDABLE FOR THE MIDDLE CLASS INCOME RANGE HOUSING THAT APPEALS TO YOUNG PROFESSIONALS HOUSING OPTIONS FOR RETIREES 147 69 127 67 125 107 58 122 33 118 30 77 23 73 142 20 52 20 139 79 18 34 14 75 14 111 ■ Agree ■ Neutral Disagree 33 230 Economy Survey Overview Overview D D 235 responses 13 questions 1) Are you a business owner within the City of Seward? 2) What businesses and services does Seward lack? 3) What are the greatest barriers for year-round businesses? 4) What are the greatest barriers for seasonal businesses? 5) Is the lack of childcare a barrier to your employment or business? 6) What is your preference for summer economic growth in the community? 7) What is your preference for winter economic growth in the community? 8) What is your preference for population growth in the community? 9) Economic development should be balanced with the need to protect our environmental resources. 10) Do you work in the tourism industry? 11) How does tourism positively impact Seward? 12) How does tourism negatively impact Seward? 13) How can Seward balance the development of a vibrant year-round community while still supporting the seasonal business economy? 34 231 electricians stores indoor recreation optometrist rock climbing gym Economy Survey Results ECONOMIC DEVELOPMENT Are you a business owner within the City of Seward? C 0 U What are the greatest barriers for seasonal businesses? 200 180 160 140 120 100 80 60 40 20 0 er Lack of employee Lower pay / no Lack of employees Weather housing benefits hat businesses / services does Seward jack, k, hvac services )mmunity center veterinary clinic electrical supplies healthy dining grocery store year-round businesses plumbing store school options healthcare barbershop contractors gardening supplies restaurant marine supplies specialized medical care bowling alley hardware store taxis entertainment venue senior citizen resources childcare electronics store skilled tradesmen movie theater newspaper office space lu.rriber yard emergency services clothing retail plumbers performin arts auto mechanic g appliance repair youth activities ice rink building supply 1 store 35 232 Economy Survey Results ECONOMIC DEVELOPMENT What are the greatest barriers for year-round businesses? 160 140 120 100 0 80 V 60 40 20 0 Lack of clientele Lack of employees Cost of utilities Lack of housing Weather Competition from Anchorage / Soldotna Seasonal population Lack of support Housing Lack of qualified workers Seasonal jobs are more appealing Other barriers to business Is the lack of childcare in Seward a barrier to your employment or business? Childcare is not an issue for me because I don't have children Becoming a licensed childcare provider is very difficult and not financially viable Cost of living in Seward requires both parents to work Employees cannot work due to lack of childcare Families can't maximize income because one parent has to stay home and take care of children Other childcare comments 1 36 233 Economy Survey Results ECONOMIC DEVELOPMENT Significant Growth Growth No growth Reduced Significantly Reduced What is your preference for growth in Seward? MEMMl--911.11 Count 0 20 40 60 80 100 120 140 160 ■ Population growth Winter economic growth • Summer economic growth Economic development should be balanced with the need to protect our environmental resources • Agree Neutral • Disagree 'Seward needs balanced growth (economy and infrastructure to support more housing and services) More support for year-round population (reduce cost of living) Protect the environmental resources Encourage businesses that will attract and retain young people and families Economic growth comments 37 234 Economy Survey Results Do you work in the tourism industry? TOURISM How does tourism positively impact Seward? Generates income for the City through taxes Provides a destination for visitors to come to Seward Creates business and employement opportunities 150 155 160 165 170 175 180 185 190 195 200 205 Count How does tourism negatively impact Seward? Puts a strain on the environmental resources Creates noise pollution (traffic, ships, helicopters, people, etc.) Slows cellular and internet reception Increases cost of living Drives up costs of food and other products Long tines at stores and restaurants Increased traffic Puts a strain on parking 0 20 40 60 80 100 120 140 160 180 Count 38 235 Economy Survey Results TOURISM How can Seward balance the development of a vibrant year-round community while still supporting the seasonal business economy? Provide more incentives for year-round residents and businesses (tax incentives, utility discounts, discounts at stores and restaurants, etc) Support a stronger school system and other educational opportunities Increase and promote winter tourism and events Focus on balanced growth. Make sure services and infrastructure can support growing tourism demands. Promote ecotourism Focus on supporting year-round residents and businesses Have the cruise ship industry provide more services and amenities for Seward Limit short-term rentals and vacation homes / second home purchases Create more housing Implement strategies to grow the population - use the Chamber to advertise Seward as a place to live and work (target individuals who can work remotely) Tax tourists and seasonal businesses more Start a Tourism Best Management Practices program Create more fun things to do year-round Promote Seward as a birding destination Reduce tourism advertising 39 236 October 2025 October 2025 November 2025 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 3 4 1 5 6 7 8 9 10 11 2 3 4 5 6 7 8 12 13 14 15 16 17 18 9 10 11 12 13 14 15 19 20 21 22 23 24 25 16 17 18 19 20 21 22 26 27 28 29 30 31 23 24 25 26 27 28 29 30 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Sep 28 29 30 Oct 1 2 3 4 5 6 7 8 9 10 11 Municipal Election Day 12 13 14 15 16 17 18 5:30pm CC WS 1 I 7:00pm P&Z Mtg CANCFI I FD I 12:00pm PACAB CANCELLED I I Alaska Day 7.00pm CC Mtg I 19 20 21 22 23 24 25 6:00pm P&Z WS 26 27 28 29 30 31 Nov 1 7.00pm CC Mtg Council Calendar 1 237 10/1/2025 11:43 AM November 2025 November December 2025 SuMo TuWe Thh Fr Fr Sa SuMo TuWe Th Fr Sa 1 1 2 3 4 5 6 2 3 4 5 6 7 8 7 8 9 10 11 12 13 9 10 11 12 13 14 15 14 15 16 17 18 19 20 16 17 18 19 20 21 22 21 22 23 24 25 26 27 23 24 25 26 27 28 29 28 29 30 31 30 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Oct 26 27 28 29 30 31 Nov 1 2 3 4 5 6 7 8 7:00pm P8i7 Mtg] 9 10 11 12 13 14 15 7.00pm CC Mtg 1 n Veteran's Day I 16:00pm HPC WS/Mtg 16 17 18 19 20 21 22 1 12.00pm PACAB 6:00pm P&Z WS 1 23 24 25 26 27 28 29 Day After Thanksgiving 7.00pm CC Mtg 1 Thanksgiving Day 30 Dec 1 2 3 4 5 6 Council Calendar 2 238 10/1/2025 11:43 AM December 2025 December January 2026 SuMo TuWe Thh Fr Sa SuMo TuWe Th Fr Sa 1 2 3 4 5 6 1 2 3 7 8 9 10 11 12 13 4 5 6 7 8 9 10 14 15 16 17 18 19 20 11 12 13 14 15 16 17 21 22 23 24 25 26 27 18 19 20 21 22 23 24 28 29 30 31 25 26 27 28 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Nov 30 Dec 1 2 3 4 5 6 7-00pm PA/7 Mtgl 7 8 9 10 11 12 13 7.00pm CC Mtg I 14 15 16 17 18 19 20 6:00pm P&Z WS I 1 12:00pm PACAB I 21 22 23 24 25 26 27 1 7:00pm CC Mtg I I I Christmas Eve I I I Christmas Day I 28 29 30 31 Jan 1, 26 2 3 Council Calendar 3 239 10/1/2025 11:43 AM